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Vivekanand Sharma v. The State Of Bihar and Ors.

Patna HC21 Aug 2025CWJC/25052/2018

Case brief

AI extract

What is this about?

Keywords: alternative remedy doctrine; bar to writ jurisdiction; revision before Divisional Commissioner; licence cancellation — Prarthmik Krishi Shakh Samiti, Aanti, Nawada; Food and Consumer Protection Department, Bihar; liberal/lenient approach to limitation in pending revision; District Supply Officer; Sub Divisional Officer; District Magistrate cum Collector appeal Case No. 166(M) of 2016; CWJC No.25052 of 2018; Patna High Court; decided 21-08-2025; NAFR; single-judge (G. Anupama Chakravarthy, J.); petitioner Vivekanand Sharma.

What did the court decide?

Writ petition disposed of with directions: petitioner to file revision before the Divisional Commissioner within one month; Divisional Commissioner to consider limitation liberally and decide the revision within three months of receipt of the order. ¶27

Vivekanand Sharma 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 High Court should settle the writ challenge to the licence-cancellation and appellate-dismissal orders when an effective alternative remedy of revision before the Divisional Commissioner is available and was not availed.

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Court's answer

Without going into the merits, the Court found that an effective alternative remedy — revision before the Divisional Commissioner — was available to the petitioner, who approached the High Court without availing it; the petitioner was therefore directed to avail that remedy.

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Ratio / Principle

The petitioner was directed to file revision against the orders of the appeal before the Divisional Commissioner within one month from the date of receipt of the order.

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Key takeaways

The Divisional Commissioner was directed to liberally consider the limitation aspect (the writ petition itself having been filed in the year 2018) and to pass appropriate order in the revision within three months from the date of receipt of this order.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (G. Anupama Chakravarthy, J.), CWJC No.25052 of 2018, decided 21-08-2025 (NAFR): Writ petition against (i) order dated 31.08.2016 (memo no. 278, Annexure-3) of the Sub Divisional Officer, Nawada Sadar cancelling the licence of the petitioner's society and (ii) order dated 11.08.2018 in Case No. 166(M) of 2016 of the District Magistrate cum Collector, Nawada (Annexure-4) dismissing the appeal. Without going into the merits, the Court held that an effective alternative remedy — revision before the Divisional Commissioner — remained available and unavailed, and disposed of the petition directing the petitioner to move the revision within one month, with a further direction that the Divisional Commissioner liberally consider the limitation aspect (the writ petition being of the year 2018) and pass appropriate orders in the revision within three months.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25052 of 2018

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Vivekanand Sharma S/o Nawal Kishore Singh, R/o Vill- Aanti, POKadirganj, Distt- Nawada, Chairman, Prarthmik Krishi Shakh Samiti, Aanti.

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... ... Petitioner/s

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Versus

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The State Of Bihar.

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The Secretary, Food and Consumer Protection Department, Old Secretariate, Patna.

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The District Magistrate cum Collector, Nawada at Nawada.

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The District Supply Officer, Nawada at Nawada.

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The Sub Divisional Officer, Nawada Sadar, Nawada.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Amresh Kumar Sinha, Advocate For the Respondent/s : Mr.Arvind Ujjwal- SC4

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT

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Date : 21-08-2025

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1. The writ petition is filed to set aside the order dated 31.08.2016 in memo no. 278 (Annexure-3) issued by the 5^th respondent by which the licence of the petitioner’s society has been cancelled and further to set aside the order dated 11.08.2018 passed in Case No. 166(M) of 2016 of the District Magistrate cum Collector, Nawada (Annexure-4), by which the appeal filed by the

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Patna High Court CWJC No.25052 of 2018 dt.21-08-2025 2/3

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petitioner was dismissed affirming the order of the 5^th respondent.

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2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

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3. Without going into the merits of the case, it is noticed that there is an effective alternative remedy available for the petitioner to prefer revision before the Divisional Commissioner. Without availing the said remedy, the petitioner approached this Court. In view of the above, the petitioner is directed to avail the alternative effective remedy.

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4. The Petitioner shall file revision against the orders of the appeal before the Divisional Commissioner within one month from the date of receipt of this order. In turn, the Divisional Commissioner shall liberally consider the limitation aspect as the writ petition itself is filed in the year 2018 and the Divisional Commissioner shall pass appropriate order in the revision within three months from the date of receipt of this order.

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Patna High Court CWJC No.25052 of 2018 dt.21-08-2025 3/3

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5. With the abovesaid observation, the writ

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petition stands disposed of.

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(G. Anupama Chakravarthy, J)

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ranjan/-

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