PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

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

"That the present writ application is being filed for issuance of a writ in the nature of certiorari, for quashing the order dated 19.07.2012 as contained in Annexure-5 passed by Respondent no. 2 by which the license of the petitioner issued under the provisions of public Distribution System has been cancelled and also for quashing the order dated 17.05.2016 passed by learned District Magistrate (Respondent No. 1) Begusarai by which he has affirmed the order dated 19.07.2012 and refused to interfere in the matter and also for directions to the respondent authorities not to interfere with the business of the petitioner and to allow the petitioner to carry out his business."

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. 106 of 2012 dated 13.08.2012. 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.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjIwODAjMjAxOCMxI04=-BtWdBddrlnA=

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