Nagina Khatoon,versusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19838 of 2019
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     Nagina Khatoon, wife of Md. Aslam, Resident of village- Akuraha Khargi,
     Gram Panchayat Raj Madhopur Dullam, @ Dhemha, Ward No. - 2, P.O. and
     P.S.- Kanti, District- Muzaffarpur.

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through Principal Secretary, Department of Food and
     Civil Supply, Govt. of Bihar.
2.   The Commissioner, Tirhut Division, Muzaffarpur.
3.   The District- Magistrate, Muzaffarpur.
4.   the District Supply Officer, Muzaffarpur.
5.   The Sub Divisional Officer, West District- Muzaffarpur.
6.   The Block Development Officer, Kanti District- Muzaffarpur.
7.   The Marketing Officer, Muzaffarpur West District- Muzaffarpur.
8.   Usha Kumari, Wife of Kumar Basant Shayam, resident of Village and P.O.-
     Kanti, P.S.- Kanti, District- Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Md. Anis Akhtar
     For the Respondent/s   :      Mr.S. Raza Ahmad ( Aag5 )
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT
     Date : 22-06-2026

                      1. The writ petition is filed for the

      following reliefs:

                                    [A] For issuance of an
                            appropriate   writ,   order    or
                            direction for setting aside the
                            Memo No-522 dated 09-03-2019
                            whereby and where under private
                            respondent No-8 is selected for
                            running PDS shop under Bihar
                            Targeted    Public   Distribution
                            System (Control) order, 2016, so
                            far it relates to the privates
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                            respondent No-8.
                                     [B] For issuance of an
                            appropriate     writ,     order   or
                            direction to dispose of the petition
                            dated      02-08-2019,      whereby
                            petitioner    and     local   people
                            objected the selection of the
                            private respondent on the various
                            ground.
                                     [C] For issuance of an
                            appropriate writ order or direction
                            for stay the operation of the
                            Memo No-522 dated 09-03-
                            2019so far it relates to the private
                            respondent No- 8.
                                     [D] For any other relief or
                            relief the petitioner is entitled in
                            the opinion of this Hon'ble High
                            Court.
                     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
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                               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 petitioner has filed a

         representation             dated          02.08.2019      before     the

         District magistrate.

                     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
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                      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)
Amandeep/-
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