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