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Patna High Court

Ramdeo SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the writ petition cannot be entertained to set aside the orders and the petitioner must pursue the statutory revision remedy, which the court may allow despite the lapse.

Summary

Ramdeo Singh challenged the cancellation of his PDS licence (No. 01/1994) by the Sub‑Divisional Officer and the subsequent dismissal of his appeal by the Collector. He filed a writ petition seeking to set aside both the cancellation order and the appellate order and to restore his licence and supply. The respondents relied on Section 32(v) and 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which provide for a statutory revision before the Divisional Commissioner if an appeal is not disposed of within sixty days. The petitioner admitted that the limitation period for filing such a revision had lapsed and prayed for a direction to entertain the revision under Section 5 of the Limitation Act. The Court held that the petitioner must pursue the statutory revision remedy and, notwithstanding the lapse, directed him to file the revision within one month, with the delay to be condoned and the revision to be disposed of within three months. Consequently, the writ petition was disposed of with the above direction.

Issues considered

  • Whether the writ petition seeking to set aside the cancellation of the PDS licence and the appellate order is maintainable despite the lapse of the statutory revision period.
  • Whether the court can direct the petitioner to file a revision before the Divisional Commissioner notwithstanding the limitation period.

Legislation cited

Subjects

  • PDS licence
  • revision
  • limitation period
  • writ petition
  • public distribution system
  • administrative law
  • Bihar Targeted PDS Control Order
  • Section 32
  • Limitation Act

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.25761 of 2019
     ======================================================
     Ramdeo Singh S/o Late Bhujangi Singh Resident of Village- Naraun, P.S.-
     Sambhuganj, District- Banka.

                                                                ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Secretary, Department of Food and Consumer
     Protection, Government of Bihar, Patna.
2.   The Collector Banka.
3.   The Sub Divisional Officer Banka, District- Banka.
4.   The Block Supply Officer Sambhuganj, Banka.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :          Mr.Dhananjaya Nath Tiwari
     For the Respondent/s   :          Mr.S. Raza Ahmad (Aag5)
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
     CHAKRAVARTHY
     ORAL JUDGMENT
     Date : 06-07-2026
                1. The Writ petition is filed for the following

      relief:

                                “for setting aside the order
              contained           in     Memo        No.    868/ आ०
              dated 29.09.2011 passed by the
              Learned             Sub-Divisional             Officer,
              Banka by which the PDS license of
              the     petitioner           being      license      no.
              01/1994 has been cancelled and fur-
              ther for quashing the appellate order
              dated 07.08.2019 passed in Appeal
              No. 84 of 2011-12 by the Collector,
              Banka communicated to the Peti-
              tioner vide Memo No. 1374 dated
Patna High Court CWJC No.25761 of 2019 dt.06-07-2026
                                           2/4




                 26.10.2019 by which the Statutory
                 Appeal filed on behalf of the Peti-
                 tioner was dismissed and further be
                 pleased to restore the license and
                 supply of the Petitioner”.
                     2. At this juncture, the Learned counsel for

         the respondents contended that Section 32(vi) of

         the Bihar Targeted Public Distribution System (Con-

         trol) Order, 2016 provides for the provision of revi-

         sion. Section 32(v) and (vi) read as follows:

                        “32. (v) Till the disposal of ap-
                  peal pending, the Appellate Author-
                  ity may direct that the order under
                  appeal shall not take effect for such
                  period as the authority may con-
                  sider necessary for giving a reason-
                  able opportunity to the other party
                  under sub-clause (4) or until the ap-
                  peal is disposed of, whichever is
                  earlier.
                        (vi) Due to non disposal of the
                  appeal within sixty days by the Dis-
                  trict 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.
Patna High Court CWJC No.25761 of 2019 dt.06-07-2026
                                           3/4




                     3. Admittedly, the present case is filed

         against the order of District Magistrate in Supply

         Appeal Case No.84 of 2011-12 on 20.10.2011.

                     4. The Learned counsel for the petitioner

         contended that he intends to file a revision before

         the Divisional Commissioner, but the limitation pe-

         riod for filing the revision has lapsed. He prayed for

         a direction to the concerned Divisional Commis-

         sioner to entertain the revision petition in accor-

         dance with Section 5 of the Limitation Act.

                     5. Taking into consideration that the peti-

         tioner has an alternative remedy for filing a revi-

         sion, the writ petition is disposed of with a direc-

         tion to the petitioner to file the revision petition

         within one month from the date of receipt of this

         order before the Divisional Commissioner. The de-

         lay 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.
             Patna High Court CWJC No.25761 of 2019 dt.06-07-2026
                                                        4/4




                                  7. Interlocutory Application(s), if any, shall

                      stand disposed of.




                                                     (G. Anupama Chakravarthy, J)
Shanu/-
AFR/NAFR                   NAFR
CAV DATE                   NA
Uploading Date             07.07.2026
Transmission Date          NA


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