Patna High Court
Rajendra Sah vs The State Of Bihar And Ors on 17 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16119 of 2017
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Rajendra Sah S/o Late Bhagawati Sah, resident of Village- Lamichour, P.S.-
Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar Patna
2. The Commissioner, Saran Division, Chapra.
3. The Collector cum District Magistrate, Gopalganj at Gopalganj.
4. The Sub Divisional Officer, Hathua, District Gopalganj.
5. The Assistant District Supply Officer, Hathua, District Gopalganj.
6. The Block Supply Officer, Bhore, District- Gopalganj.
7. The Block Supply Inspector, Bhore, District- Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advcoate
For the Respondent/s : Mr.S.Raza Ahmad -AAG 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 17-06-2025
1. I.A. No. 1 of 2019
1. This interlocutory application has
been filed for amendment in prayer portion of
para-1 of the writ petition by addition of the reliefs
mentioned in paragraph No. 1 (D) of the
interlocutory application.
2. I.A. No. 1 of 2019 is hereby allowed
amending the prayer portion. The reliefs
mentioned in paragraph No. 1(D) thereof would
form part of the writ petition
Patna High Court CWJC No.16119 of 2017 dt.17-06-2025
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3. The writ petition is filed for the
following reliefs:
“A. A writ in the nature of
certiorari or any other appropriate writ for
quashing the order dated 13.04.2017
contained in memo No. 416, passed by
Sub Divisional Officer Hathua, Gopalganj
(Respondent no. 4) whereby and where
under the license of Public Distribution
system (PDS) dealership bearing No.
32/2016 of petitioner for supply of food
grains/K.Oil for consumer / beneficiaries of
Gram Panchayat Raj Lamichour has been
cancelled by the with immediate effect.
[Annexure-4]B. For issuance of a writ in the
nature of Mandamus or any other
appropriate writ, order/s, direction/s,
commanding the Respondents for the
followings :-
I. To treat Annexure- 4 to the
petition to be nullity and non-est in the
eye of law.
II. To restore the P.D.S
dealership license bearing number
32/2016 granted to petitioner for supply of
goods within the jurisdiction of Gram
Panchayat Raj Lamichour falling within
Patna High Court CWJC No.16119 of 2017 dt.17-06-2025
3/5Bhore Block of the Gopalgang district and
to allow him to carry on the dealership
business.
C. For any other relief/s to
which the petitioner is found entitled to.
D. A writ in the nature of
Certiorari or any other appropriate writ for
quashing the order dated 12.01.2018,
passed in Supply Appeal Case No. 7/2017,
by respondent collector, Gopalganj
(Respondent No. 3) whereby and where
under he has dismissed the appeal filed by
the petitioner and decline to interfere in
the order dated 13.04.2017 contained in
memo no. 416 passed by Sub- Divisional
Officer, Hathua, Gopalganj (Respondent
no. 4) in respect of cancelation of PDS
Dealership License bearing no. 32/2016 of
the petitioner for supply of food grains/ K.
OIL for consumers/ beneficiaries of Gram
Panchayat Raj, Lamichaur of Hathua Block
of Goaplganj district.(Annexure-7)”
4. 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.16119 of 2017 dt.17-06-2025
4/5“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.
5. Admittedly, the present case is filed
against the order of District Magistrate passed in
Supply Appeal Case No. 7/2017 dated 12.01.2018.
6. 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.
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7. 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 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.
8. With the above said observation, the
Writ petition is disposed of.
9. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 17.06.2025 Transmission Date