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Rajesh Kumar v. The State Of Bihar and Ors.

Patna HC19 Jun 2025CWJC/17582/2017

Case brief

AI extract

What is this about?

Licence cancellation writ, Patna High Court, disposed on alternative-remedy ground. Keywords: Bihar Targeted Public Distribution System (Control) Order 2016; Clause 32(v) and 32(vi); revision before Divisional Commissioner; Misc. Supply Appeal No. 35/14-15; District Magistrate Khagaria; SDM/SDO Gogri; Block Marketing Officer Beldaur; licence No.01B/2012; condonation of delay; Section 5 Limitation Act; certiorari refused/redirected; G. Anupama Chakravarthy J.; decision 19-06-2025.

What did the court decide?

Petitioner directed to file a revision petition before the Divisional Commissioner within four weeks; delay in filing to be condoned by the Divisional Commissioner; revision to be disposed of within three months of filing. ¶35

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17582 of 2017

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Rajesh Kumar Son of Late Chotelal Bhagat, Resident of Village-Sakrohar, P.S.-Beldaur, District-Khagaria.

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... ... Petitioner/s

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Versus

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The State Of Bihar through Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna

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The District Magistrate Cum Collector, Khagaria.

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The District Manager, Bihar, State Food and Civil Supplies Corporation, Khagaria.

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The S.D.M. Cum S.D.O., Gogri, Khagaria.

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The Block Marketing Officer, Beldaur, Gogri, Khagaria.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the Respondent/s : Mr.S.Raza Ahmad -AAG 5

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT Date : 19-06-2025

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The writ petition is filed for the

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following reliefs:

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“(i) For issuance of a writs in the nature of certiorari quashing the order dated 9-8- 2016 (Annexure-2) passed by learned District Magistrate Khagaria in Misc. Supply Appeal No. 35/14-15 confirmed the order dated 11-1-2014 (Annexure-1) passed by learned SubDivisional Magistrate Cum Sub-Divisional Officer, Gogri, Khagaria whereby and whereunder cancelled the licence

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Patna High Court CWJC No.17582 of 2017 dt.19-06-2025 2/4

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No.01B/2012 of the petitioner on the report of Block Marketing Officer, Beldaur, Khagaria dated 4-1-2014.

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(ii) For issuance of such other/s writ(s), order (s) as your lordships may deem fit and proper.”

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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:

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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 sub-clause (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 the Divisional Commissioner. The revision shall be disposed of within two months.

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Patna High Court CWJC No.17582 of 2017 dt.19-06-2025 3/4

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Admittedly, the present case is filed against the order of District Magistrate in Misc. Supply Appeal No. 35/14-15 dated 09.08.2016.

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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 concerned Divisional Commissioner. The delay 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.

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