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Patna High Court

Barun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must pursue a revision before the Divisional Commissioner, and the Court will condone the delay in filing the revision under Section 5 of the Limitation Act.

Summary

The petitioner, Barun Kumar, challenged the rejection of his application to become a PDS shop dealer in Saidpur Panchayat, alleging that the rejection was based on an incompletely filled affidavit and his status as a ward member, and that the subsequent appeal was dismissed by the Divisional Commissioner on a ground of lack of jurisdiction. He also contended that the District Magistrate, who was part of the selection committee, could not act as the appellate authority. The respondents relied on Section 32(v) and (vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provide for revision before the Divisional Commissioner if an appeal is not disposed of within sixty days. The petitioner argued that the limitation period for filing a revision had expired and sought a direction to condone the delay under Section 5 of the Limitation Act. The Court held that the petitioner still had an alternative remedy of filing a revision and directed him to do so within four weeks, with the Divisional Commissioner to condone the delay and dispose of the revision within two months. Consequently, the writ petition was disposed of without granting any substantive relief.

Issues considered

  • What is the appropriate remedy for the petitioner after the rejection of his PDS shop dealer application and dismissal of his appeal?
  • Does the limitation period for filing a revision under the Bihar PDS Order bar the petitioner, and can it be condoned under the Limitation Act?
  • Whether the District Magistrate, as a member of the selection committee, could act as the appellate authority in the appeal.

Legislation cited

Subjects

  • PDS shop dealer selection
  • revision
  • limitation period
  • writ petition
  • administrative law
  • Bihar PDS Order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.21678 of 2019
     ======================================================
     Barun Kumar Son of Shatrughan Prasad Singh, resident of Village and P.O.-
     Saidpur, P.S.Mansi, District- Khagaria.

                                                              ... ... Petitioner
                                     Versus
1.   The State of Bihar through Principal Secretary, Food and Civil Supplies,
     Patna.
2.   The Divisional Commissioner, Munger.
3.   The District Magistrate, Khagaria.
4.   The District Supply Officer, Khagaria.
5.   The Sub-Divisional Officer-Cum-Licencing Authority, Gogri, Khagaria.
6.   The District Level Selection Committee, PDS Shop, Khagaria.
7.   Jitendra Kumar, Son of Ramdeo Singh, Resident of Village and P.O. Saidpur,
     P.S. Mansi, District- Khagaria.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner    :        Mr. Sanjay Kumar, 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 filed for the following

      reliefs:

                                          “(i). For issuance of an
                               appropriate           writ/s,       order/s,
                               Direction/s to the respondents for
                               quashing order dated 10.07.2019
                               whereby and under the candidature
                               of the petitioner for being selected
                               as PDS Shop Dealer in Saidpur
                               Panchayat has been rejected on
                               two grounds that his affidavit is not
                               fully filled up and another that he is
Patna High Court CWJC No.21678 of 2019 dt.23-06-2026
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                                 ward member in the panchayat and
                                 the     said        PDS       Shop      has    been
                                 allotted to the private respondent.
                                             ii.       For     issuance        of    an
                                 appropriate                  writ/s,      order/s,
                                 Direction/s            for     quashing        order
                                 dated 13.08.2019 passed by the
                                 Divisional          Commissioner          in       PDS
                                 Supply             Appeal        No.      84/2019
                                 whereby and under he was pleased
                                 to     reject         the      appeal     of       the
                                 petitioner on the ground that there
                                 is no provision of appeal in this
                                 court, oblivion of the fact that the
                                 District Magistrate who was the
                                 appellate          authority       as    per       the
                                 provision of the law was one of the
                                 member of the selection committee
                                 at the District level and as such he
                                 could not have entertained the
                                 appeal.
                                             iii.      For     issuance        of    an
                                 appropriate                  writ/s,      order/s,
                                 direction/s to the respondents to
                                 select the petitioner as one of PDS
                                 Shop dealer in Gram Panchayat
                                 Saidpur and thereafter allot one
                                 shop to him after setting aside
                                 orders dated 10.07.2019 as well as
Patna High Court CWJC No.21678 of 2019 dt.23-06-2026
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                                 13.08.2019                 and        cancel        the
                                 selection of pvt. respondent as PDS
                                 dealer.
                                             iv.       To     pass       such       other
                                 order/orders as your Lordships may
                                 deem fit and proper in the facts
                                 and circumstances of this 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.
                                                       (vi)       Due          to    non
                                         disposal of the appeal within
                                         sixty     days           by     the    District
                                         Officer or against the order
Patna High Court CWJC No.21678 of 2019 dt.23-06-2026
                                            4/5




                                         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 Divisional Commisioner in PDS

         Supply         Appeal          Case           No.   84/2019     dated

         13.08.2019.

                     4. It is further submitted that the order of

         passed by the appellate authority is very cryptic

         and without any reason.

                     5. 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.

                     6.     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
             Patna High Court CWJC No.21678 of 2019 dt.23-06-2026
                                                        5/5




                      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.

                                  7. With the above said observation, the

                      Writ petition is disposed of.

                                  8. 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


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