High Court held that remedy against the Appellate Authority lies via revision before Divisional Commissioner.Disposed writ application granting liberty to avail such remedy and filed delay condonation application.
Writ application disposed; liberty granted to avail revisionary remedy; conditional liberty to file application for condonation of delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3837 of 2013
====================================================== Santosh Kumar S/O Sri Sibdani Singh Resident of Village Ghoshrawan, P.S. Giriyak, District -Nalanda .... .... Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Nalanda at Bihasharif 3. The Sub-Divisional Officer, Rajgir, District -Nalanda 4. The Block Supply Inspector, Giriyak Block, District -Nalanda .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Raj Kumar, Advocate For the Respondents : Mr. Kamlesh Kishore, AC to GP2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 14-03-2013 Against the order of the Appellate Authority, petitioner has remedy by way of revision before the Divisional Commissioner in terms of Clause (b) of Order 15 of the Public Distribution System (Control) Order 2001. This writ application is, accordingly, disposed of with liberty to the petitioner to avail the same. Petitioner may file an application for condonation of delay. In case limitation is provided for filing revision, the same shall be considered and disposed of by the Revisional Court in accordance with law.
(Jayanandan Singh, J)
B.T/-
3 issues framed by the court
Whether the petitioner has a remedy by way of revision before the Divisional Commissioner under the Public Distribution System (Control) Order 2001 and if so, whether the writ application is maintaina
Whether the petitioner is required to file an application for condonation of delay.
What direction to give to the Revisional Court regarding limitation for filing revision.
1 provisions across 1 enactments
Santosh Kumar
The State Of Bihar
The District Magistrate, Nalanda
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
