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
- Bihar Targeted Public Distribution System (Control) Order, 2016 — s. 32(v), 32(vi)
- Limitation Act — s. 5
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
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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
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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
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