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Patna High CourtCWJC/1314/2022disposed

Ramvir Yadav @ Ramvir Prasad Yadav v. The State Of Bihar

2022-02-25Mr. Justice Ashutosh Kumar,Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1314 of 2022 ====================================================== Ramvir Yadav @ Ramvir Prasad Yadav S/o Late Ramatar Yadav Resident of Village- Chhapradhi, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The District Magistrate, Madhubani.

3.

The Sub-Divisional Officer, Madhubani Sadar, District- Madhubani. 4.

Sub-Divisional, Public Complaint Redressal Officer, Sadar-Sub-Division, District- Madhubani.

5.

Vinod Saday S/o Chalitar Saday Resident of Village- Chhapradhi, P.S.- Khajauli, District- Madhubani.

6.

Indradeo Yadav S/o Late Sahdeo Yadav Resident of Village- Chhapradhi, P.S.- Khajauli, District- Madhubani, Presently he has been appointed as Advisor of Respondent No.5.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 25-02-2022 Heard Mr. Durgesh Nandan, learned Advocate for the petitioner and Mr. Upendra Pratap Singh, AC to SC-4 for the State.

The petitioner is aggrieved by the functioning of the respondent no. 5, the PDS licencee of his area who has been showing delivery of subsidized food-grains to

Patna High Court CWJC No.1314 of 2022 dt.25-02-2022 2/3 members of his family, who are not even residing in India and have settled abroad.

It has been submitted on behalf of the petitioner that even though such complaint was brought to the notice of the Licencing authority as well as the District Magistrate, but no action has been taken in that regard. This does not appear to be a vindictive move of the petitioner against private respondent no. 5. Under the aforesaid circumstances, we are of the view that the petitioner be directed to make a suitable representation before the Sub-Divisional Officer, Madhubani, Sadar, who is the Licencing authority, who on receipt of such representation shall look into the facts and have the matter verified.

Needless to state that any verification would require private respondent no. 5 to be noticed by the SubDivisional Officer, Madhubani. Necessary action shall be taken if it is found that private respondent no. 5 has not been conducting the affairs of his PDS shop in accordance

Patna High Court CWJC No.1314 of 2022 dt.25-02-2022 3/3 with the Bihar Targeted P.D.S. (Control) Order, 2016 and his responsibilities as a dealer who has to act in accordance with the terms of the licence given to him in that regard. The petitioner shall also be intimated about the outcome of such inquiry.

With the aforesaid direction/observation, the writ petition stands disposed off.

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