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Patna High CourtCWJC/1201/2022disposed

Mamta Kumari v. The State Of Bihar

2022-02-24Mr. Justice Ashutosh Kumar,Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1201 of 2022 ============================================== Mamta Kumari W/o Mahesh Kumar, r/o Vill Sahdeva, P.S. Raxual, Dist. East Champaran.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate East Champaran.

3.

The Sub-Divisional Magistrate Raxual, East Champaran at Raxual. 4.

The District Supply Officer East Champaran at Motihari. ... ... Respondent/s ============================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Respondent/s :

Mr. Lalit Kishore (Ag) ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 24-02-2022 Heard the learned counsel for the parties.

The petitioner, an aspirant for P.D.S. licence, is perhaps the only woman candidate in her category whose name has been short-listed. However, no licence was given

Patna High Court CWJC No.1201 of 2022(2) dt.24-02-2022 2/3 to her all this while on the ground of her having another vocation in life, namely, a flour mill which is being run by her.

A discrete enquiry is said to have been made by the authorities but it was found that such accusation is absolutely misplaced. Despite this, the petitioner has not been given the licence to run the Public Distribution Shop. Hence, this writ petition.

We, therefore, direct the petitioner to make suitable representation in this regard to the District Magistrate, East Champaran/ respondent no. 2, within a period of thirty days which shall be looked into by the concerned respondent and necessary orders shall be passed by him.

If the petitioner is found to be eligible for being given the licence and there is a vacancy in the block where she has applied, necessary sequel order also shall be passed.

Needless to state that there is no direction to grant licence to the petitioner but only to consider the case

Patna High Court CWJC No.1201 of 2022(2) dt.24-02-2022 3/3 of the petitioner and pass an order only if the petitioner is found entitled by all means.

The writ petition stands disposed off.

(Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) sunilkumar/- U