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Patna High CourtCWJC/2150/2022disposed

Kaushlendra Kumar v. The State Of Bihar

2022-03-09Mr. Justice Ashutosh Kumar,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2150 of 2022 ====================================================== Kaushlendra Kumar Son of Vinay Prasad, resident of Village - Tikhiper, Post - Madachh, Police Station- Telhara, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

2.

The Commissioner, Patna.

3.

The District Magistrate, Nalanda.

4.

The District Food Supply Officer, Nalanda.

5.

The District Co-operative Officer, Nalanda.

6.

The General Manager, Industrial Centre, Nalanda. 7.

The Deputy Development Commissioner, Nalanda. 8.

The Sub Divisional Officer, Hilsa, Nalanda.

9.

Anil Kumar, Son of Brahmdev Prasad, Resident of Village - Gonai Bigha, Panchayat - Madachh, Police Station- Telhara, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 09-03-2022 Heard the learned counsel for the parties.

The petitioner has challenged the grant of P.D.S. licence to private respondent no. 9 on various grounds including that the reservation under the handicapped category has not been considered while granting licence. The petitioner would be well advised to prefer an

Patna High Court CWJC No.2150 of 2022(3) dt.09-03-2022 2/2 appeal before the District Magistrate, Nalanda under Section 32 of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Should such an appeal be filed, the Appellate Authority shall notice all the stakeholders and after hearing the parties, shall pass a reasoned order within a period of 60 days thereafter.

Needless to state that before passing any such order, all opportunities shall be given to the petitioner as also private respondent no. 9 to explain their cause. The petition stands disposed off accordingly. (Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) sunilkumar/- U