Patna High Court
Raghunandan Paswan vs The State Of Bihar on 16 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16249 of 2019
======================================================
Raghunandan Paswan Son of Late Babu Lal Paswan Resident of Village-
Sunder Kumhari, P.S.- Dobhi, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Consumers Protection, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Gaya.
3. The Sub Divisional Officer, Sherghati, (Gaya).
4. The Block Supply Officer, Dobhi (Gaya).
5. The Block Development Officer, Dobhi (Gaya).
6. The Circle Officer, Dobhi (Gaya).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-10-2025
1. The writ petition is filed for the following
reliefs:-
"(i) For quashing of the order
dated 19.08.17 passed in Licence
Cancellation Case No.-13/2017 by the
Sub-Divisional Officer, Sherghati (Gaya)
whereby and whereunder the Licence
No.-23/2016/432/2007 of the petitioner
for his Public Distribution System for
Village-Sundar Kumhari in Gram
Panchayat-Kurmawa under Dobhi Block
Patna High Court CWJC No.16249 of 2019 dt.16-10-2025
in the District of Gaya has been
cancelled.
(ii) For quashing of the order
dated 31.01.2019 passed in Supply
Appeal No.-45/17 by the Respondent
No.-2, whereby and whereunder the said
Supply Appeal No.-45/17 filed against
the Enquiry Report dated 25.05.2017 of
Respondent No.-4 and against the order
dated 19.08.2017 passed in Licence
Cancellation Case No.-13/2017 by
Respondent No.-3 of the Petitioner has
been dismissed.
(iii) Further to re-store the
Licence No.-23/2016/432/2007 of Public
Distribution System of the Petitioner
with immediate effect, so that the
supply to him be re-store.
And/Or for any other appropriate
relief(s) to the Petitioner for which he
may be found entitled to 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:
Patna High Court CWJC No.16249 of 2019 dt.16-10-2025
"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 dated 19.08.2017 passed by the
Sub-Divisional Officer, Sherghati, Gaya and the order
dated 31.01.2019 passed by the District Magistrate-
cum-Collector, Gaya.
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
Patna High Court CWJC No.16249 of 2019 dt.16-10-2025
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 a period of two months 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)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.10.2025
Transmission Date
