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Patna High CourtCWJC/5012/2021disposed

Shila Devi v. The State Of Bihar

2022-01-24Mr. Justice Madhuresh Prasad,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5012 of 2021 ====================================================== SHILA DEVI wife of Dilip Kumar resident of village- Miya Bigha, Krishapur, P.s.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Pincipal Secretary, Food and Supply Department, Government of Patna 2.

The District Magistrate, Nalanda, Biharsharif, District- Nalanda 3.

The Block Food and Supply Officer, Nalanda, Biharsharif, District- Nalanda 4.

The Sub Divisional Officer, Hilsa, District- Nalanda 5.

Sudha Devi Wife of Laxmi Narayan Gupta resident of village- Hilsa Yogipur Mor, P.s.- Hilsa, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar Mr. Ansul For the Respondent/s :

Mr. S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 24-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner is aggrieved by the decision to select respondent no. 5 for grant of licence under Bihar Targeted Public Distribution System (Control) Order, 2016 [hereinafter referred to as 'BTPDS (Control) Order, 2016']. Petitioner was also an applicant.

Patna High Court CWJC No.5012 of 2021(2) dt.24-01-2022 2/2 It is not in dispute that the petitioner has remedy of approaching before appropriate/statutory authority under the BTPDS (Control) Order, 2016 against selection of respondent no. 5.

Considering the facts and circumstances, this application is disposed of with a liberty to the petitioner to invoke remedy under the provisions of the BTPDS (Control) Order, 2016 by approaching appropriate/statutory authority. It is indicated that if any question of limitation arises, the appropriate/statutory authority shall keep in mind the fact that the petitioner was pursuing her matter before this Court by filing this present writ application and consider any application for condonation of delay accordingly. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U