Patna High Court
Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petitioner must file a revision before the Divisional Commissioner within one month, and the delay in filing may be condoned under Section 5 of the Limitation Act.
Summary
The petitioner Arbind Kumar filed a writ petition seeking quash of a 26‑Nov‑2018 order of the District Magistrate in a supply appeal and the cancellation of his PDS licence. The petitioner argued that the limitation period for filing a revision under the Bihar Targeted Public Distribution System (Control) Order, 2016 had expired, and prayed for the court to direct the Divisional Commissioner to entertain the revision under Section 5 of the Limitation Act. The respondents contended that the revision provisions in Section 32(vi) of the 2016 Order were applicable and that the limitation period was strict. The court examined the statutory scheme, noting that the petitioner had an alternative remedy of filing a revision and that the limitation could be condoned under Section 5 of the Limitation Act. It directed the petitioner to file the revision within one month, with the delay to be condoned, and ordered the revision to be disposed of within three months. Consequently, the writ petition was disposed of without granting any of the substantive reliefs sought.
Issues considered
- Whether a revision petition filed after the statutory limitation period can be entertained under Section 5 of the Limitation Act.
- Whether the order of the District Magistrate in the supply appeal can be quashed by the High Court.
Legislation cited
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(v), 32(vi)
- Limitation Act — s. 5
Subjects
- revision
- limitation period
- public distribution system
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15678 of 2019
======================================================
Arbind Kumar S/o Shiv Nandan Prasad Residence of Village- Anantpur
Panchayat Devra, P.S.- Ghosi, Dist.- Jehanabad.
... ... Petitioner
Versus
1. The State of Bihar through Secretary Food and Civil Supply Department,
Govt. of Bihar, Patna.
2. The Principal Secretary Food and Civil Supply Department, Govt. of Bihar,
Patna.
3. The District Magistrate Jehanabad.
4. The District Supply Officer Jehanabad.
5. The Sub Divisional Officer Jehanabad.
6. The Block Supply Officer Modanganj, Dist.- Jehanabad.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Nitya Nand Neeraj, Advocate
For the Respondents : Mr. Arvind Ujjwal, SC4
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-06-2026
1. The writ petition is filed for the following
reliefs:
“(i) For issuance of an
appropriate writ/order/Direction to
the respondents for quash the
order dated 26/11/2018 passed in
supply Appeal case No. 67/D.M./
2017 by learned collector
jehanabad where by and where
under the learned collector no
interference in order passed by
S.D.O. jehanabad and confirm the
order passed by S.D.O. cum
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licensing officer jehanabad.
(ii) For issuance of an
appropriate write/order/ direction
to the Respondents quash the
letter no. IV-23/2009-1405/AA
dated 30/08/2017 passed by
S.D.O. cum licensing officer
jehanabad where by and where
under the license No. 12/2016 of
the petitioner has been cancelled.
(iii) For issuance of an
appropriate writ /order/direction
to restore the P.D.S. shop of the
petitioner bearing license no.
12/2016in the village Anantpur
panchayat Devra, Block-
Modanganj, Dist- jehanabad.
(iv) For issuance of an
appropriate write/order/direction
granting any other relief or reliefs
for which the petitioner is found
entitled under 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:
“32. (v) Till the disposal of
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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 Case No. 67/DM/2017 dated 26.11.2018.
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
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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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)
Shanu/-
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