Binod KumarversusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20453 of 2019
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     Binod Kumar son of Late Ramchandra Prasad, Resident of Danapur Nriyal
     Ghat Ward No.- 28, H.No. 55, Police Station- Danapur, District- Patna.
                                                                ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through the Principal Secretary Department of Food and
      Consumers Protection, Government of Bihar, Patna.
2.   The District Magistrate, Patna.
3.   The Sub-Divisional Officer, Danapur, District- Patna.
4.   The Block Supply Officer, Danapur, District- Patna.
                                               ... ... Respondent/s
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     Appearance :
     For the Petitioner/s   :       Mr.Binay Kumar, Adv.
     For the Respondent/s   :       Mr.Arvind Ujjwal (SC4)
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     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT
     Date : 22-06-2026

                      1. The Writ petition is filed for the

      following reliefs:

                                     That this is an application for
                            issuance of appropriate writ/writs,
                            order/orders and direction/directions
                            to quash the order dated 04.02.2019
                            passed in E.W. Appeal Case No.
                            28/2018-19 whereby the Ld District
                            Collector, Patna has affirmed the
                            suspension order dated 23.08.2011
                            contained in Memo No. 813 of the
                            sub-Divisional Officer cum licensing
                            Authority, Danapur by which the PDS
                            license No. 87/08 of the petitioner
                            had been suspended without his
                            jurisdiction and for direction to start
                            the allocation to the Fair Price Shop
                            of the petitioner after declaring the
                            suspension order null and void
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                            and/or pass such other order or
                            orders as your Lordships may deem
                            fit and proper.
                     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 E.C.

         Appeal Case No. 28/2018-19 dated 19.09.2018.

                     4. The Learned counsel for the petitioner

         contended that he intends to file a revision before

         the Divisional Commissioner, but the limitation
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                      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 Divisional Commissioner.

                      The delay in filing the revision shall be condoned

                      by the Divisional Commissioner, and the authority

                      shall dispose of the revision within two 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)
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