Commissioner Must Condoned Delay in Revision Against PDS Licence Cancellation

The petitioner’s Public Distribution System licence was cancelled by the Sub-Divisional Officer, Begusarai, on 7 May 2015.

He appealed to the Collector; after seeking a direction from the High Court for disposal of that appeal, the petitioner’s challenge was rejected by an order dated 20 June 2019, identified in the judgment as the order in Supply Appeal Case No. 08 of 2019.

In the present writ petition, he sought restoration of his licence and contended that he intended to pursue a revision before the Divisional Commissioner, but that the limitation period had expired.

Whether the petitioner should pursue the statutory remedy of revision before the Divisional Commissioner rather than obtain restoration of his licence through the writ petition.

Whether the delay in filing the revision should be condoned, and within what period the revision should be decided.

Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for revision before the Divisional Commissioner where an appeal is not disposed of within sixty days or where a party challenges an order passed in appeal; it also provides that the revision is to be disposed of within two months.

Section 32(v) concerns interim protection pending appeal.

The petitioner invoked Section 5 of the Limitation Act in seeking permission to file a delayed revision.

The Court noted that the challenged order was an appellate order and that Section 32(vi) provided a revisional remedy before the Divisional Commissioner.

Since the petitioner expressly wished to pursue that remedy, the Court disposed of the writ petition by directing him to file the revision within four weeks.

It further directed that the delay be condoned, thereby enabling consideration of the revision on its merits, and set a three-month period for its disposal.

The petitioner was directed to file a revision before the Divisional Commissioner within four weeks of receiving the order; the delay was to be condoned, and the revision was to be decided within three months of filing.