Saroj Ranjan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1266 of 2019 ====================================================== Saroj Ranjan Jawahar Sah Resident of Village- Rupauli, P.S. Patory, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Govt. of Bihar, Patna.

2.

The Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Level Selection Committee, Public Distribution System, Samastipur.

5.

The District Magistrate, Samastipur.

6.

The Sub Divisional Officer, Patory, Samastipur. 7.

The District Supply Officer, Samastipur.

8.

The Asst. Supply Officer, Patory, Samastipur. 9.

The Marketing Officer, Patory, Samastipur.

10.

The Block Supply Officer, Patory, Samastipur. 11.

The Principal, Acarya Narendra Dev College, Shahpur Patory, Samastipur 12.

The Principal, Tudi Narasimha Reddy Institute of Technology and Science, Gudur, Telangana 13.

Sujit Kumar Devendra Sah Resident of Village- Rupauli, P.S. Patory, District- Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Advocate :

Mr. Kumar Praveen, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

Patna High Court CWJC No.1266 of 2019(4) dt.06-02-2023 2/3 (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 06-02-2023 In view of the nature of controversy raised on behalf of the petitioner, we are of the view that the petitioner ought to be approach the Divisional Commissioner in view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955 read with Clause -36 of the Bihar Targeted Public Distribution System (Control) Order, 2016.

We, therefore, direct that in the event of the petitioner making a suitable representation / complaint before the concerned Divisional Commissioner within a period of 30 days, he shall look into the matter and after hearing all the stakeholders, including respondent no. 13, shall pass a final order within a further period of 60 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 respondent no. 13 forthwith.

Patna High Court CWJC No.1266 of 2019(4) dt.06-02-2023 3/3 We have specifically asked respondent no. 13 to be heard by the Divisional Commissioner as the present order is being passed in his absence.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) (Satyavrat Verma, J) sharun/sunilU