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Patna High CourtCWJC/1268/2022disposed

Puja 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.1268 of 2022 ====================================================== Puja Kumari D/o Prakash Das and wife of Naresh Ravidas permanent resident of Village- Chaukitand, Panchayat Bhimine, Block and Police StationKhaira, Post Office- Chandra Shaili, District- Jamui (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Department Food and Civil Supplies, Government of Bihar, Patna.

3.

The Divisional Commissioner, Munger Division, Munger. 4.

The Collector/ District Officer, Jamui.

5.

The District Supply Officer, District- Jamui. 6.

The Sub Divisional Officer, Jamui.

7.

The District Co-operative Officer, Jamui.

8.

The Sub Election Officer, Jamui.

9.

The Block Development Officer, Khaira Block, District- Jamui. 10.

The Block Supply Officer, Khaira Block, District- Jamui. 11.

Dharmshila Kumari W/o Santosh Kumar Das Resident of Village Chaukitand, Police Station- Chandrauli, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Lal Das For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) Mr. Upendra Pratap Singh For Res. No.11 :

Mr. Rajesh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 24-02-2022 Heard Mr. Rajendra Lal Das, learned Advocate for the petitioner, Mr. Upendra Pratap Singh for the State and Mr. Rajesh Kumar Sinha for private respondent no.11.

Patna High Court CWJC No.1268 of 2022 dt.24-02-2022 2/3 Learned counsel for the petitioner has very fairly stated before this Court that against the order passed by the appellate authority, he has preferred a revision petition before the Divisional Commissioner vide Revision Case No.68 of 2021. During the pendency of the revision petition, an order has been passed by the Sub-divisional Officer on 3rd of January, 2022 directing the private respondent no.11 to continue dispensing with her responsibility as a PDS dealer.

It appears from the records that the petitioner was selected as the PDS licencee and she continued to work as such for a long time. The private respondent no.11 had challenged the grant of licence to the petitioner before the District Magistrate, Jamui, who allowed the appeal of private respondent no.11 and found that she was entitled to be given the licence. That order has been subjected to challenge by way of revision petition referred to above.

Patna High Court CWJC No.1268 of 2022 dt.24-02-2022 3/3 We, under the aforesaid circumstances, direct the Divisional Commissioner, Munger (revisional authority) to dispose of the revision petition positively within a period of sixty days from the date of receipt/production of a copy of this order before him.

In the meantime, status quo with respect to the licence shall be maintained.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J.) (Anjani Kumar Sharan, J.) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.03.2022 Transmission Date NA