Vijay Kumar,versusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21272 of 2019
     ======================================================
     Vijay Kumar, S/o Ramchandra Prasad, Resident of Village- Ward No. 16,
     Beldaur, P.O. and P.S. Beldour, District- Khagaria.

                                                          ... ... PetitioneR
                                       Versus
1.   The State of Bihar through Principal Secretary, Food and Consumer
     Protection Department, Govt. of Bihar, Patna.
2.   The Additional Secretary, Food and Consumer Protection Department, Govt.
     of Bihar, Patna.
3.   The Joint Secretary, Food and Consumer Protection Department, Govt. of
     Bihar, Patna.
4.   The District Collector cum District Magistrate, Khagaria.
5.   The District Officer cum Chairman District Selection Committee, Khagaria.
6.   The District Supply Officer, Khagaria.
7.   The Sub Divisional Officer, Gogri Jamalpur, District- Khagaria.
8.   The Block Supply Officer, Beldour, District- Khagaria.
9.   The Block Development Officer Beldour Block, District- Khagaria.
10. Priya Bharti, W/o Gulsan Yadav, Resident of Village- Jharebabas, P.S.-
    Beldaur, District- Khagaria.
11. Umesh Pandit, S/o Bindeswari Pandit, Resident of Village- Beldour, P.S.,
    P.O./Block- Beldour, District- Khagaria.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner    :       Mr. Nafisuzzoha, Advocate
     For the Respondents   :       Mr. S.Raza Ahmad, AAG5
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                           ORAL JUDGMENT
                         Date : 23-06-2026
                     1. The Writ petition is field for the

      following reliefs:

                                     “(I). For issuance of an
                               appropriate writ, order or direction
                               for quashing the arbitrary and
                               discriminatory     selection      for
                               allotment of the Fair Price Shops
                               (P.D.S dealership) of Beldaur of
                               Khagaria District as the same
Patna High Court CWJC No.21272 of 2019 dt.23-06-2026
                                           2/4




                                 relates to the petitioners.
                                       (II). For issuance of an
                                 appropriate writ, order of direction
                                 for    allotment     of  the   P.D.S.
                                 dealership in favour of petitioner
                                 who is the best candidates
                                 amongst the lot.
                                       (III). For issuance of an
                                 appropriate writ, order or direction
                                 for grant of ad-interim stay of the
                                 operation of arbitrary selection for
                                 allotment of P.D.S. dealer and
                                 restocining       the     respondent
                                 authority in grant of the fair price
                                 shop during the pendency of this
                                 writ application.
                                 (IV). For issuance of an appropriate
                                 writ, order or direction for grant of
                                 any other appropriate reliefs for
                                 which petitioner may be deemed
                                 entitled     in    the   facts   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.
Patna High Court CWJC No.21272 of 2019 dt.23-06-2026
                                            3/4




                                            (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. 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.

                        4. 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 three months

         from the date of filing of the revision petition.
             Patna High Court CWJC No.21272 of 2019 dt.23-06-2026
                                                        4/4




                                     5. With the above said observation, the

                      Writ petition is disposed of.

                                     6. 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