Disposed¶27

Jakera Begam v. The State Of Bihar and Ors.

Patna HC21 Apr 2025CWJC/7674/2017

Case brief

AI extract

What is this about?

Alternative remedy; writ petition disposed of with direction to file revision before Divisional Commissioner; condonation of delay; clause 32(v) and 32(vi), Bihar Targeted Public Distribution System (Control) Order, 2016; Section 5 of the Limitation Act; cancellation of PDS license No. 121KD/2007 by SDO, Kishanganj affirmed in Supply Appeal Case No. 22/2015 by Collector-cum-District Magistrate, Kishanganj; Jakera Begam v. State of Bihar; Patna High Court CWJC No. 7674 of 2017; decision dated 21-04-2025.

What did the court decide?

Writ petition disposed of; petitioner directed to file a revision before the Divisional Commissioner; the delay in filing the revision to be condoned; the authority to dispose of the revision within two months from the date of filing; interlocutory applications, if any, stand disposed of. ¶27

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

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the writ petition challenging the appellate order cancelling the petitioner's PDS license should be entertained, given the availability of the alternative statutory remedy of revision before the Divisional Commissioner under clause 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016. +1 more

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Court's answer

Having regard to the petitioner's alternative remedy of filing a revision, the writ petition is disposed of with a direction to the petitioner to avail of that remedy before the Divisional Commissioner.

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Ratio / Principle

The delay in filing the revision shall be condoned by the Divisional Commissioner, and the revision shall be disposed of within two months from the date of filing.

¶26

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Justice G. Anupama Chakravarthy, oral judgment dated 21-04-2025) disposed of Civil Writ Jurisdiction Case No. 7674 of 2017 filed by Jakera Begam seeking setting aside of the order dated 14.02.2017 passed by the Collector-cum-District Magistrate, Kishanganj in Supply Appeal Case No. 22/2015, whereby he had affirmed the Sub Divisional Officer's order dated 10.12.2014 (Memo No. 1047) cancelling PDS license No. 121KD/2007. Noting clause 32(v) and 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 — under which a revision lies before the Divisional Commissioner where the appeal is not decided within sixty days or against the appellate order — and the petitioner's plea that the limitation period had lapsed, the Court held that the petitioner has an alternative remedy of revision, disposed of the writ petition directing her to avail of that remedy before the Divisional Commissioner, directed that the delay in filing the revision be condoned (a relief sought invoking Section 5 of the Limitation Act), and directed that the revision be disposed of within two months from the date of filing. Interlocutory application(s), if any, stand disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7674 of 2017

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======================================================

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Jakera Begam W/o Jiyaur Rahman R/o Village-Makhara, Panchayat-Balia, P.S.-Kochadhaman, District-Kishanganj

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Food and Civil Supply, Government of Bihar.

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The District Magistrate, Distt-Kishanganj.

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The District Supply Officer, Distt-Kishanganj.

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The District Welfare Officer, Distt-Kishanganj.

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The Sub-Divisional Officer, Distt-Kishanganj

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The Block Development Officer, Distt-Kishanganj

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the Respondent/s : Mr. S. Raza Ahmad- AAG 5

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====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 21-04-2025

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The writ petition is filed for setting aside the order dated 14.02.2017, passed in Supply Appeal Case No. 22/2015 (Annexure-3), by the Collector-cum-District Magistrate, Kishanganj, by which he affirmed the order dated 10.12.2014 as contained in Memo No. 1047, passed by the Sub Divisional Officer, Kishanganj, and cancelled the PDS license No. 121KD/2007 of the petitioner.

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At this juncture, the Learned counsel for the respondents contended that Section 32(vi) of

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Patna High Court CWJC No.7674 of 2017 dt.21-04-2025 2/3

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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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Admittedly, the present case is filed against the order of District Magistrate in Supply Appeal Case No. 22 of 2015 dated 14.2.2017.

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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

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Patna High Court CWJC No.7674 of 2017 dt.21-04-2025 3/3

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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 of filing a revision, the writ petition is disposed of with a direction to the petitioner to avail of this alternative remedy before the Divisional Commissioner. The delay in filing the revision shall be condoned by the Divisional Commissioner, and the authority shall dispose of the revision within two months from the date of filing.

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With the above said observation, the Writ petition is disposed of.

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Interlocutory Application(s), if any, shall stand disposed of.

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(G. Anupama Chakravarthy, J)

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Spd/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	22.04.2025
Transmission Date

Jakera Begam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Jakera Begam v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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