Amarnath Choudhary v. The State Of Bihar And ORS

Patna High Court CWJC No.4332 of 2018 dt.23-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4332 of 2018 =========================================================== Amarnath Choudhary, Son of Jatashankar Choudhary, Resident of VillageDherukh, P.S.- Benipur, District- Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna, P.S.- Sachivalay, Patna.

3. The District Magistrate, Darbhanga, P.S.- Sadar, Darbhanga.

4. The Sub- Divisional Officer, Darbhanga, P.S.- Sadar, Darbhanga.

5. The District Supply Officer, Darbhanga, P.S. Sadar, Darbhanga.

6. The District Co-Operative Officer, Darbhanga, P.S.- Sadar, Darbhanga. .... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. Sanjeev Kumar Mishra, Adv For the Respondent s : Mr. S. RAZA AHMAD- AAG 5 Mr. Md. Kamil Akhtar, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-03-2018 The present writ petition has been filed for quashing the Notification contained in memo no. 473 dated 05.08.2017 issued under the signature of respondent District Magistrate, Madhepura whereby and whereunder an absolutely erroneous roster has been prepared for the vacancies of Public Distribution System (in short 'PDS') Licenced shops in the District of Madhepura; and for connected reliefs.

2. At the very outset, learned counsel for the respondents submits that the writ petition itself is not maintainable on the ground of locus of the petitioner as well as non-impleadment of necessary parties as respondent. It is pointed out that the petitioner is a resident of Darbhanga and the

Patna High Court CWJC No.4332 of 2018 dt.23-03-2018 respondent nos. 3 to 6 are officials of the District of Darbhanga, whereas the writ petition challenges the notification dated 05.08.2017 issued by the District Magistrate, Madhepura, who has not been made party-respondent.

3. In the above view of the matter, the writ petition stands dismissed with liberty to the petitioner to approach this Court afresh with a duly constituted writ petition, if so advised. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 26.03.2018 Transmission Date NA