Sikandar Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.660 of 2022 ====================================================== Sikandar Kumar Yadav Son of Shanichar Yadav, resident of Village - Purikh, Ward No. 4, Police Station Bihra, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2.

The District Magistrate, Saharsa.

3.

The Sub-Divisional Officer (Sadar) Saharsa.

4.

The Sub-Divisional Officer, Simri Bakhtiyarpur, District Saharsa. 5.

The Deputy Collector Land Reforms Saharsa.

6.

The Anchal Adhikari Sattar Kataiya, District - Saharsa. 7.

Ranjan Kumar Jha Son of Dinesh Kumar Jha, resident of Village - Purikh, Ward No. 7, Police Station Bihara, District - Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhas Ranjan, Adv.

For the State :

Mr. Upendra Pratap Singh, Adv.

For the Resp. No.7 :

Mr. N.K. Agarwal, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 16-11-2022 We have heard Mr. Prabhas Ranjan, learned Advocate for the petitioner and Mr. N.K. Agarwal, learned Senior Advocate for the respondent no. 7. The State is represented by Mr. Upendra Pratap Singh.

In view of the controversy raised by the petitioner and in view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3

Patna High Court CWJC No.660 of 2022 dt.16-11-2022 2/2 and 5 of the Essential Commodities Act, 1955 read with Clause-36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that in the event of the petitioner making a suitable representation/complaint before the concerned Divisional Commissioner within a period of 30 days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including Respondent No. 7, shall pass a final order within a further period of 90 days, giving reasons in support of the decision taken by him.

The order so passed by the authority shall be made available to the petitioner as well as the Respondent No. 7. With the aforenoted observation/direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.11.2022 Transmission Date