Patna High Court
Mahabub Alam vs The State Of Bihar on 13 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14790 of 2019
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Mahabub Alam Son of Sarguddin @ Sarafodin Resident of Village-
Lakshmipur, Panchayat- Lakshmipur, P.S.- Dighalbank, Block- Dighalbank,
District- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Department Food and
Consumer Protection Deptt., Bihar, Patna.
2. The Principal Secretary Department Food and Consumer, Bihar, Patna.
3. The District Magistrate-cum- Collector Kishanganj.
4. The Sub- Divisional Officer Kishanganj.
5. The Executive Magistrate Kishanganj.
6. The Block Supply Officer Dighalbank, District- Kishanganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Respondent/s : Mr.S. Raza Ahmad ( Aag5 )
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 13-10-2025
1. The writ petition is filed for the following
reliefs:
"I. For quashing of the order
dated 04.07.2017 passed by the Court of
District Magistrate, Kishanganj
(respondent No. 3) in P.D.S. Appeal No.
dated 18.08.2011 passed by the Sub-
Divisional Officer, Kishanganj
(respondent No. 4) in Records No. 10 of
2011 through which license of P.D.S.
Patna High Court CWJC No.14790 of 2019 dt.13-10-2025
Shop of petitioner bearing reg. No.
13D/2007 has been cancelled.
II. For further direction upon the
respondent authorities to renew the
license of P.D.S. Shop of petitioner
bearing reg. No. 13D/2007.
III. Also for any other relief/reliefs
for which the petitioner is entitled in the
eye of law."
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
Patna High Court CWJC No.14790 of 2019 dt.13-10-2025
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
against the order of District Magistrate in P.D.S.
Appeal No. 14 of 2011 dated 04.07.2017.
4. The remedy available under the Act is to
prefer an appeal before the District Magistrate. As
the District Magistrate is the head of the Selection
Committee he cannot review his orders in an appeal.
Therefore, the petitioner is directed to file a
complaint/application before the Divisional
Commissioner.
5. 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.
6. Taking into consideration that the
petitioner has an alternative remedy for filing a
Patna High Court CWJC No.14790 of 2019 dt.13-10-2025
revision, the writ petition is disposed of with a
direction to the petitioner to file the revision petition
within one month from the date of receipt of this
order before the Divisional Commissioner. The delay
in filing the revision shall be condoned by the
Divisional Commissioner, and the authority shall
dispose of the revision within three months from the
date of filing of the revision petition.
7. With the above said observation, the Writ
petition is disposed of.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 16.10.2025
Transmission Date N/A
