Arvind Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2543 of 2020 ====================================================== Arvind Kumar Thakur S/o Ram Sudhar Thakur, R/o Village and Post Lakhanpur, P.S. Katra, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Muzaffarpur. 2.

District Supply Officer, Muzaffarpur.

3.

The Licensing Officer cum SDO, Muzaffarpur East. 4.

District Cooperative Officer, Muzaffarpur.

5.

Block Development Officer, Block Katra, P.S. Katra, District-Muzaffarpur. 6.

Smt. Rupam Priya, W/o Rakesh Kumar, R/o Village-Ajrakbay, Lakhanpur, Post-Lakhanpur, P.S. Katra, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Shahnawaz Ali, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date: 07-02-2023 Heard Mr. Md. Shahnawaz Ali, learned Advocate for the petitioner and counsel for the State.

The petitioner has challenged the selection of Respondent No. 6 as a PDS Dealer on the ground of her having obtained lesser marks and qualification along with computer efficiency than the petitioner, thereby making the respondent no.6 fall below in the list prepared by the District Selection Committee. Looking to the nature of controversy raised and in view of the notification dated 21.07.2022 issued by the Government in

Patna High Court CWJC No.2543 of 2020 dt.07-02-2023 2/2 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 direct that in the event of the petitioner making a suitable representation/complaint before the concerned Divisional Commissioner within a period of 30 days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including Respondent No. 6, 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 the Respondent No. 6. We have specifically asked Respondent No. 6 to be heard by the Divisional Commissioner as the present order is being passed in her absence.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) (Satyavrat Verma, J) kundan AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2023 Transmission Date