PATNA HIGH COURT ISSUES JUDGEMENT ON ARBIND KUMAR SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, June 18 -- Patna High Court issued the following judgment on June 17:

1. The writ petition is filed for the following reliefs:

"That the present writ application is being filed on behalf of the petitioner above named for setting aside the order contained in memo no. 302 dated 02.05.2013 passed by the learned Sub Divisional Officer, Sheohar by which the PDS license of the petitioner has been cancelled and further for quashing the order dated 05.05.2015 passed by the learned Collector, Sheohar in Supply Appeal Case No. 21 of 2014 by which the learned Collector, Sheohar was pleased to dismissed the appeal and further be pleased to restore the license of the petitioner."

2. 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:

"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.

(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.

3. Admittedly, the present case is filed against the order of District Magistrate in Supply Appeal Case No. 21 of 2014 dated 05.05.2015.

4. 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.

5. 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 dispose of the revision within three months from the date of filing of the revision petition.

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

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

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