Pratima Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1981 of 2019 ====================================================== Pratima Kumari W/o Devbrat Kumar Mohalla-Ward No. 26, Madhepura, P.s. and Distt.-Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Department of Food and Civil Supplies, Govt of Bihar, Patna 2.

The Divisional Commissioner Koshi Division, Saharsa 3.

The District Officer-cum-District Magistrate Madhepura 4.

The District Supply Officer Madhepura 5.

The Sub-Divisional Officer Madhepura 6.

The Block Supply Officer Madhepura, Distt.-Madhepura 7.

Bibha Kumari W/o Saroj Kumar Resident of Ward no. 26, Madhepura, P.s. and Distt.- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Respondent/s :

Mr. Anisul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 02-02-2023 Heard the learned counsel for the parties.

Mr. Pramod Mishra, the learned Advocate for the petitioner submits that notwithstanding respondent No. 7 not having been recommended for consideration of grant of license, she has been granted license to the exclusion of the petitioner and other more eligible candidates. The learned counsel for the petitioner has further

Patna High Court CWJC No.1981 of 2019(3) dt.02-02-2023 2/2 pointed out that all the loopholes in the application of respondent No. 7 was removed for which the authorities were in collusion and the claim of the petitioner which is definitely better than respondent No. 7, has been rejected. In view of the nature of controversy raised on behalf of the petitioner, 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, he 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 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. 7 forthwith.

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