Patna High Court
Ram Bali Singh vs The State Of Bihar on 14 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14295 of 2019
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Ram Bali singh S/o Late Balgovind Singh Resident of Village Chhariyari
under the Gram-Chhariyari,.P.S. Makhdumpur,Dist.Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary,Food and Civil Supply
Department,Govt. of Bihar,Patna
2. The District Magistrate-cum-Collector, Jehanabad
3. The Sub-Divisional Officer, Jehanabad
4. The Block Supply Officer, Block,Makhdumpur,Dist.Jehanabad
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pritish Kumar Lal, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-10-2025
1. The writ petition is filed for the following
reliefs:
"A. Appropriate writ(s), order(s),
direction(s) quashing the following.
I. The order dated 30-11-2016
(Annexure-6) passed by Sub Divisional
Officer, Jehanabad in Supply Allegation
Case No. 14 of 2016 where under he has
cancelled the License No. 56/07 at village
- Chhariyari under the Gram Panchyat
Chhariyari, Parkhand Makhdumpur,
Patna High Court CWJC No.14295 of 2019 dt.14-10-2025
standing in the name of the petitioner
who is public distribution system dealer.
II. The order dated 19-11-2018
(Annexure-8) passed by District
Magistrate, Jehanabad, in Supply Appeal
No. 05/DM/2017 affirming the order
dated 30-11-2016 passed by Sub
Divisional Officer, Jehanabad, in Supply
Allegation Case No. 14 of 2016 whereby
and whereunder he has cancelled the
public distribution system dealer License
No. 56/07 at village - Chhariyari under
the Gram Panchyat Chhariyari, Parkhand
Makhdumpur, District Jehanabad,
standing in the name of the petitioner.
B. An appropriate writ (s), order (s),
direction (s) commanding the respondents to
restore the License No. 56/07 standing in the
name of petitioner for his public distribution
system shop at village-Chhariyari under the
Gram-Panchyat Chhariyari, Parkhand
Makhdumpur, District-Jehanabad.
C. Any other relief (s) to which the
petitioner is found entitled to for giving
complete justice to him."
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(vi) of the
Patna High Court CWJC No.14295 of 2019 dt.14-10-2025
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
against the order of District Magistrate in Supply
Appeal No. 05/DM/2017 dated 19.11.2018.
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
Patna High Court CWJC No.14295 of 2019 dt.14-10-2025
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 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.
6. With the above said observation, the Writ
petition is disposed of.
7. 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
