Neha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2150 of 2019 ====================================================== Neha Kumari,, Sex-Female, age-20 years, W/o- Shri Rakesh Kumar, R/oBairakh Koshkapur, Ward.No-8, Koshkapur South, Block-Raniganj, Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Secretary, Food and Consumer Protection Department, Old Secretariat, Govt. of Bihar, Patna. 2.

The District Magistrate, Araria.

3.

The Sub Divisional Officer, Araria.

4.

The Divisional Officer, Forbeasganj.

5.

The District Supply Officer, Araria.

6.

Smt.Sanjana Kumari, aged about 31 years, Female, W/o- Naveen Kumar, R/o- Bairakh Koshkapur, Ward no.8, Koshkapur South, Raniganj, Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-04-2019 Petitioner in this case is aggrieved by the cancellation of her selection for the licence under Public Distribution System. Vide Anneuxre '3' to the writ application, the candidature of the petitioner has been cancelled on the ground that the wife of the brother of the husband of this petitioner has been selected for grant of licence in Gram Panchayat-Parihari. Learned counsel for the petitioner submits that the family of the co-sharer of the husband of the petitioner cannot be taken as family members of the petitioner. It is submitted that the cancellation of the selection of the petitioner

Patna High Court CWJC No.2150 of 2019(2) dt.23-04-2019 2/2 is a violation of Article 14 of the Constitution of India. It appears that the petitioner has made a representation before the District Magistrate, Araria vide Annexure '4' to the writ application. No decision has been taken thereon for last about five months.

Learned counsel for the state submits that the writ application may be disposed of with a direction to the District Magistrate, Araria to look into the grievance of the petitioner and take a decision thereon after hearing the stakeholders. After hearing the parties, the District Magistrate, Araria is directed to consider the grievance of the petitioner as contained in Annexure '4' to the writ application, examine the same and take an appropriate decision thereon within a period of four months from the date of receipt/production of a copy of this order. It goes without saying that before passing the order, the District Magistrate, Araria shall hear all those persons and parties which are likely to be effected by the order of the District Magistrate.

The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U