Reeta Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2577 of 2019 ====================================================== Reeta Kumari, aged 32 years, Female, Wife of Binay Prakash 'Rajesh', Resident of Village- Bajitpur Tola, Maniarpur, P.S. Madhuwan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

District Magistrate-Cum- Collector, East Champaran at Motihari. 4.

District Supply Officer, East Champaran at Motihari. 5.

Sub- Divisional Magistrate-Cum- S.D.O. Pakri Deyal, District- East Champaran.

6.

Sushma Kumari, wife of Akhilesh Prasad, Resident of Village- Bahuwara Bhan, P.S. Madhuwan, District East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.S.Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2019 Petitioner in the present case is aggrieved by the grant of licence of Public Distribution System Shop in favour of respondent no.6. It is the case of the petitioner that in the merit list her name was standing at Serial No.1 with a higher qualification and she also possessed computer knowledge. It is submitted that in the final list the respondents have arbitrarily allotted the licence of Ward No.6 in favour of respondent no.6 who is resident of Ward No.10 and her name stands in the general category list. Learned counsel for the State submits that in terms of Rule 32 of the Bihar Targeted Public Distribution System (Control) Order, 2016 the petitioner has a remedy available by

Patna High Court CWJC No.2577 of 2019(2) dt.03-05-2019 2/2 filing an appropriate appeal against the decision of the licencing authority.

Having heard learned counsel for the parties, this Court grants liberty to the petitioner to avail her remedy before an appropriate authority in terms of the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016 by filing an appropriate application within a period of 30 days from today. If such an application is filed, the same will be considered by the District Magistrate-Cum-Collector, East Champaran at Motihari (respondent no.3) and will be disposed of within a period of 60 days from the date of filing of the application by the petitioner. In case, any question of limitation arises for consideration, the same will be considered keeping in mind that the petitioner was pursuing her remedy before this Court. It goes without saying that before passing the final order, all concerned shall be heard.

The writ application stands disposed of, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U