Created by Fuzzy Cloud

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

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
Patna High Court CWJC No.15678 of 2019 dt.30-06-2026
                                           2/4




                               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
Patna High Court CWJC No.15678 of 2019 dt.30-06-2026
                                            3/4




                            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.
             Patna High Court CWJC No.15678 of 2019 dt.30-06-2026
                                                        4/4




                                  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/-
AFR/NAFR                  NAFR
CAV DATE                  NA
Uploading Date
Transmission Date         NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.