Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5878 of 2021 ====================================================== Prabhat Kumar, aged about 30 years (Male) son of late Ramkishun Paswan resident of village- Maniyama, P.O.- Deepnagar, P.S.- Nalanda, Dist.- Nalanda.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Nalanda 3.

The District Supply Officer, Nalanda.

4.

The Sub-Divisional Officer (SDO), Rajgir, Nalanda 5.

The Block Development Officer (BDO), Silao, District- Nalanda. 6.

Pankaj Kumar son of Surendra Paswan resident of Village- Maniyama, P.O.- Deepnagar, P.S- Nalanda, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 22-12-2021 Heard learned counsel for the parties.

The present writ petition has been filed for cancelling the licence of the fair price shop of the respondent no. 6, which is alleged to have been granted in violation of the terms and conditions of the Advertisement No. 1 of 2017 by the District Magistrate, Nalanda. It is also prayed that after cancelling the

Patna High Court CWJC No.5878 of 2021 dt.22-12-2021 2/2 licence issued to the respondent no. 6, the fair price shop licence be issued in favour of the petitioner.

At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate representation/revision before the concerned Divisional Commissioner against the decision of the selection committee headed by the District Magistrate, Nalanda.

Liberty so sought is granted.

We further direct that in case the petitioner files appropriate representation/revision before the concerned Divisional Commissioner within a period of four weeks from today, the same shall be considered on merits and disposed off within a further period of eight weeks thereafter. The present petition stands disposed off as not pressed, however, with the aforesaid liberty.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar AFR/NAFR CAV DATE Uploading Date Transmission Date