Patna High Court
Upendra Yadav vs The State Of Bihar And Ors on 6 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14132 of 2018
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Upendra Yadav S/o- Late Ram Sunder Yadav, resident of Village- Diwari,
P.O.- Kabariya, P.S.- Sadar, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food & Civil Supplies,
Government of Bihar, Patna
2. The Collector, Darbhanga at Darbhanga.
3. The Sub Divisional Officer, Sadar, District- Darbhanga at Darbhanga.
4. The Block Supply Officer, Darbhanga at Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Srivastava, Advocate
For the Respondent/s : Mr. Arvind Ujjwal - SC 4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 06-05-2025
1. The writ petition is filed for the
following reliefs:
(I). That an appropriate writ in
the nature of certiorari to quash the orders
dated 28.07.2003 and 21.3.2018
contained in Annexure-2 and 6 to the Writ
petition respectively be issued.
(ii) That an appropriate writ in
the nature of mandamus commanding the
respondents to restore licence No.
84/1990 be issued.
Patna High Court CWJC No.14132 of 2018 dt.06-05-2025
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(iii) That any other relief/reliefs,
for which the petitioner is found entitled,
may be granted."
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(vi) of
the Bihar Targeted Public Distribution System
(Control) Order, 2016 provides for the provision of
revision. Section 32(v) and (vi) read as follows:
"32. (v) Till the disposal of appeal
pending, the Appellate Authority may
direct that the order under appeal shall
not take effect for such period as the
authority may consider necessary for
giving a reasonable opportunity to the
other party under sub-clause (4) or until
the appeal is disposed of, whichever is
earlier.
(vi) Due to non disposal of the
appeal within sixty days by the District
Officer or against the order passed in the
appeal, a revision may be filed before the
Divisional Commissioner. The revision
shall be disposed of within two months.
3. Admittedly, the present case is filed
Patna High Court CWJC No.14132 of 2018 dt.06-05-2025
3/4
against the order of District Magistrate dated
21.03.2018
whereby the appeal filed by the
petitioner has been dismissed.
4. The Learned counsel for the petitioner
contended that he intends to file a revision before
the Divisional Commissioner, but the limitation
period for filing the revision has lapsed. He prayed
for a direction to the concerned Divisional
Commissioner to entertain the revision petition in
accordance with Section 5 of the Limitation Act.
5. Taking into consideration that the
petitioner has an alternative remedy for filing a
revision, the writ petition is disposed of with a
direction to the petitioner to file the revision
petition within four weeks from the date of receipt
of this order before the concerned Divisional
Commissioner. The delay in filing the revision shall
be condoned by the Divisional Commissioner, and
the authority shall dispose of the revision within
two months from the date of filing of the revision
petition.
6. With the above said observation, the
Patna High Court CWJC No.14132 of 2018 dt.06-05-2025
Writ petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.05.2025
Transmission Date
