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Patna High CourtCWJC/5418/2019allowed

Upendra Mahto v. The State Of Bihar

2019-04-01Mr. Justice Jyoti Saran,Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5418 of 2019 ====================================================== Upendra Mahto, S/o Machit Mahto, R/o Village Simara, Semra Chak, Srikanth, P.S. Piar, District- Muzaffarpur, Bihar- 843115. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, New Secretariat, Patna- 800015.

2.

The District Magistrate, Muzaffarpur.

3.

The District Supply Officer, Muzaffarpur.

4.

The Block Supply Officer, Bandara.

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Respondent/s :

Mr. Mohd. Anisul Haque, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-04-2019 Although the matter has been listed under the heading 'For Orders on Office Notes' but with the consent of the parties and after waiving of the defects, we take up the matter for consideration on merits.

150 families in the district of Muzaffarpur, all stated to be below the poverty line, have joined together to complain against the Block Supply Officer cum Block Development Officer, Bandara in the district of Muzaffarpur for not taking steps for issuance of ration card for which they have filed their respective applications. The complaint is that even when a representation is filed before the District Magistrate on 29.12.2017 at Annexure 2 but has not been disposed of though a period of more than 15 months have lapsed.

Patna High Court CWJC No.5418 of 2019 dt.01-04-2019 2/2 In the circumstance noted and for the present, we would direct the District Magistrate, Muzaffarpur to consider the grievance of the petitioner as reflected in the representation at Annexure 2 and dispose of the same in accordance with law by a speaking order to be passed within three months of the receipt/production of a copy of this judgment.

Needless to add that in case the complaint of the petitioner is found to be correct, the necessary consequential action be taken by the District Magistrate, Muzaffarpur for redressal of the grievance. In case any of these 150 families is not found entitled to the relief then the same should be disposed of by a speaking order. The writ petition is allowed with the directions/ observations above.

(Jyoti Saran, J) ( Arvind Srivastava, J) Anjula/skpathak AFR/NAFR NAFR CAV DATE NA Uploading Date 09.04.2019 Transmission Date NA