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Patna High Court
Amar Nath Mishra vs The State Of Bihar And Ors on 19 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17886 of 2017
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Amar Nath Mishra, Son of Late Surendra Mishra, Resident of village Aasi,
P.S. Ghanshyampur, District Darbhanga
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Food &
Civil Supply
2. The Principal Secretary, Department of Food & Civil Supply, Government
of Bihar, Patna
3. The District Collectorate, Darbhanga
4. The Sub Divisional Officer, Biraul, Darbhanga
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC 4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 19-06-2025
1. The writ petition is filed for the
following reliefs:
"That this petition is being filed
for setting aside the order dated
17/8/2016
passed by the learned Collector
and District Magistrate Darbhanga in P.D.S
Case No. 55/2014 whereby and where
under he was pleased to confirm the order
No. 2060 dated 12/8/14 passed by the Sub
Divisinoal Officer Biraul whereby the said
order he was pleased to cancel the licence
Patna High Court CWJC No.17886 of 2017 dt.19-06-2025
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of the shop of the petitioner which had
been running under Public Distribution
System as contained in Annexures 4 and
5. ”
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
against the order of District Magistrate in PDS
Patna High Court CWJC No.17886 of 2017 dt.19-06-2025
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Case No. 55/2014 dated 17.8.2016.
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
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
Patna High Court CWJC No.17886 of 2017 dt.19-06-2025
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stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 20.06.2025 Transmission Date
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