Patna High Court
Garib Das @ Garib Das Rai @ Garib Rai vs The State Of Bihar And Ors on 20 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15167 of 2017
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Garib Das @ Garib Das Rai @ Garib Rai S/o Rajdhar Lal Rai, R/o Village-
Mohammadpur Babhangama, Panchayat Pichhala, P.S.- Kishanganj, District-
Kishanganj.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Food and
Consumer Protection, Patna
2. The District Magistrate, Kishanganj.
3. The Sub Divisional Magistrate, Kishanganj.
4. The District Supply Officer, Kishanganj.
5. The Block Supply Officer, Kishanganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anupa Nand Jha, Advocate
For the Respondent/s : Mr. S.Raza Ahmad , AAG 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-06-2025
1. The writ petition is filed for the
following reliefs:
"(a) To quash the order dated
06.06.2017
passed by the respondent
District Magistrate Cum Appellate
authority Kishanganj which is approved
the order, of the which the license of the
S.D.O. Kishanganj in petitioner’s License
(52K/ 2017) cancelled earlier on 8/10/11
only on the basis of Black-marketing.
(b) For issuance of appropriate
writ (s) to the respondent S.D.O. to
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restore the license of the petitioner
bearing 52 K/ 2007 for running his fair
price shop.
(c) For any other consequential
relief (s) for which petitioner is entitle for
in the fact and circumstances of the case.”
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.
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3. Admittedly, the present case is filed
against the order of District Magistrate in PDS
Appeal Case No. 13 of 2011 dated 06.06.2017.
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
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Writ petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 20.06.2025 Transmission Date