Shambhu Yadav v. The State Of Bihar and Ors.

Patna HC16 Jul 2025CWJC/16277/2018

Case brief

AI extract

What is this about?

CWJC 16277/2018, Patna HC, decided 16-07-2025 (G. Anupama Chakravarthy, J): writ by PDS dealer whose licence was cancelled by SDO Bettiah Sadar (04.10.2012) and whose appeal was dismissed by DM West Champaran on limitation grounds (21.03.2018); disposed of on alternative-remedy grounds with direction to seek revision under S.32(vi), Bihar TPDS (Control) Order 2016 before the Divisional Commissioner within four weeks, delay condoned, revision to be decided within two months.

What did the court decide?

Writ petition disposed of with direction to the petitioner to file a revision petition before the Divisional Commissioner within four weeks; the delay in filing the revision to be condoned by the Divisional Commissioner; the revision to be disposed of within two months of filing. ¶¶36

Shambhu Yadav Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the District Magistrate's order dismissing the appeal on the ground of limitation should be entertained, given the petitioner's alternative remedy of revision under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016. +1 more

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Court's answer

The petitioner has an alternative remedy of filing a revision; the writ petition is disposed of with a direction to the petitioner to file the revision petition before the Divisional Commissioner within four weeks from receipt of the order.

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Ratio / Principle

The delay in filing the revision shall be condoned by the Divisional Commissioner.

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Key takeaways

The authority shall dispose of the revision within two months from the date of filing of the revision petition.ratio¶¶38

Detailed headnote1 paragraphs

Patna High Court (G. Anupama Chakravarthy, J.), CWJC No.16277 of 2018, decided 16-07-2025: The petitioner, a PDS dealer, whose PDS licence (No. 01/2007) was cancelled by the Sub-Divisional Officer, Bettiah Sadar by order dated 04.10.2012, and whose appeal against cancellation was dismissed by the District Magistrate, West Champaran on 21.03.2018 (Case No. CRM-58/2016-17) solely on the ground of limitation, sought quashing of both orders and restoration of the licence. The respondents pointed to the revision remedy under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016, under which a revision lies before the Divisional Commissioner. Holding that the petitioner had an alternative remedy, the Court disposed of the writ petition with a direction to file the revision petition within four weeks, the Divisional Commissioner to condone the delay and dispose of the revision within two months of filing.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16277 of 2018

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Shambhu Yadav Son of Late Garjan Yadav, PDS, Dealer, Resident of VillageKhutwaniya Jaralpur, P.S.-Yogapatti, District-West Champaran.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Magistrate, District-West Champaran at Bettiah.

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The District Supply Officer, District-West Champaran at Bettiah.

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The Sub-Divisional Officer, Bettiah Sadar, District-West Champaran at Bettiah.

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The Block Supply Officer, Block Yogapatti, District-West Champaran, Bettiah.

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The Supply Inspector, Block-Yogapatti, District-West Champaran, Bettiah.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Respondent/s : Mr. Arvind Ujjwal - SC-4 ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT

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Date : 16-07-2025

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The writ petition is filed for the following

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reliefs:

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(I) For issuance of a writ in the nature of Certiorari, or any other appropriate writ, order or direction for quashing/ setting aside the order dated 21.03.2018, [Annexure-3] passed by the District Magistrate, West Champaran, Bettiah, in Case No.

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Patna High Court CWJC No.16277 of 2018 dt.16-07-2025 2/5

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CRM-58/2016-17, whereby and where under the learned District Magistrate, West Champaran, dismissed the appeal of the petitioner on the sole ground of limitation in filing the appeal against the order dated 04.10.2012 passed by the SubDivisional Officer, Bettiah Sadar, in which the respondent S.D.O. Bettiah Sadar quite erroneously cancelled the PDS License of the petitioner.

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(II) Also for setting aside the order dated-Sub-Divisional 4.10.2012 passed by the Officer, Bettiah Sadar whereby and whereunder the petitioner's license of P.D.S. System has wrongly and legally been cancelled.

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(III) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order, direction to the respondent authorities to restore the PDS, license of the petitioner vide License No. 01/2007, which has been cancelled quite illegally by

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Patna High Court CWJC No.16277 of 2018 dt.16-07-2025 3/5

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the Sub-Divisional Officer, Bettiah Sadar.

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(IV) For issuance of any other appropriate writ, order/ orders, direction/directions for which the petitioner shall be found entitled under the facts and circumstances of the case.

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At this juncture, the Learned counsel for

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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:

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“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 subclause (4) or until the appeal is disposed of, whichever is earlier.

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(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before

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Patna High Court CWJC No.16277 of 2018 dt.16-07-2025 4/5

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the Divisional Commissioner. The revision shall be disposed of within two months.

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Admittedly, the present case is filed against the order of District Magistrate, West Champaran, Bettiah in Case No. CRM-58/2016-17 dated 21.03.2018.

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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.

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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 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

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Patna High Court CWJC No.16277 of 2018 dt.16-07-2025 5/5

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dispose of the revision within two months from the date of filing of the revision petition.

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