Pawan Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3225 of 2019 ====================================================== Pawan Paswan aged about 26 years, Male, S/o Ashok Paswan, resident of village and P.O - Belhari, P.s.-Sikraul, Distt.-Buxar ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar 2.

The Commissioner Patna Division, Patna 3.

The Collector District-Buxar 4.

The District Supply Officer Cum Secretary District Selection Committee, Buxar 5.

The Additional Collector Supply, Buxar 6.

The Sub Divisional Officer, Buxar 7.

Bishwa Mitra Paswan, age 42 years, S/o Dinesh Paswan 8.

Manbodh Kumar @ Manbodh Paswan, (Male) age 35 years, son of Ramashraya Paswan Respondent Nos. 7 & 8 are resident of Vill.- Belhari, P.O.- Belhari, P.S.- Nawanagar, Distt.- Buxar.

... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Shraddhanand Paswan For the Respondent/s :

Mr.S.Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-06-2019 The petitioner is aggrieved by rejection of his candidature for grant of license of Public Distribution System shop on the ground of not furnishing the affidavit required by the respondent authorities.

It is the case of the petitioner that he had submitted his affidavit, copy of which has been enclosed as Annexure '3' to the writ application but then it was not considered and the private respondent namely Manbodh Kumar (respondent no. 8) has been selected despite the fact

Patna High Court CWJC No.3225 of 2019(2) dt.26-06-2019 2/3 that his father was Electric Manager, he has four acres of land and a cloth shop. Some factual statements in this regard have been made in paragraph '10' of the writ application.

Learned counsel for the petitioner submits that he has brought all these facts to the notice of the Collector - cum - District Magistrate, Buxar vide Annexure '4' to the writ application, but the same has not been considered. Learned counsel for the State submits that the issues which have been raised by the petitioner may be considered by the Collector - cum - District Magistrate, Buxar (respondent no. 3) keeping in mind the provisions of Bihar Targeted P.D.S. (Control) Order, 2016.

In the aforesaid facts and circumstances of the case, this writ application is being disposed of with a direction to the Collector - cum - District Magistrate, Buxar (respondent no. 3) to look into the grievance of the petitioner, consider the same and pass an appropriate order thereon within a period of three months from the date of receipt/production of a copy of this order.

It, however, goes without saying that if any

Patna High Court CWJC No.3225 of 2019(2) dt.26-06-2019 3/3 adverse order is proposed to be passed against the private respondent no.8, he must be given an opportunity of hearing.

This Writ Application stands disposed of.

(Rajeev Ranjan Prasad, J) Rajeev/- U