Rajnish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16034 of 2017 ====================================================== Rajnish Kumar son of Sri Ram Prakash Choudhary, resident of Village- Harla, P.S. Dhanarua, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate and Collector, Patna. 2.

The Additional Collector Supply, Patna.

3.

The Director, DRDA, Patna.

4.

The District Co-operative Officer, Patna.

5.

The Sub- Divisional Officer, Patna Sadar.

6.

The Sub- Divisional Officer, Patna City.

7.

The Sub- Divisional Officer, Barh, District- Patna. 8.

The Sub- Divisional Officer, Mashaurhi, Patna. 9.

The Sub- Divisional Officer, Danapur, District- Patna. 10.

Kaushal Kishore son of Indradeo Paswan, resident of Village- Sahopur, P.S. Kadirganj, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar, Advocate.

For the Respondent/s :

Mr. Arbind Ujjawal, SC-4.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 13-09-2023 Even though the counsel appearing on behalf of the petitioner has argued on the merits of the case, this Court is not inclined to go into the same, having regard to the fact that an amendment has been made to the Bihar Targeted Public Distribution System (Control) Order, 2016 wherein the Divisional Commissioner has been granted the power to look into the grievance and complaint made by any person against the selection of a P.D.S. dealer.

2. Having regard to the above, the present writ petition is disposed off granting liberty to the petitioner to

Patna High Court CWJC No.16034 of 2017(7) dt.13-09-2023 2/2 approach the Divisional Commissioner ventilating his grievance within a period of fifteen days from the date of receipt of the copy of this order. On such complaint being made, the Divisional Commissioner shall pass necessary orders on merits duly taking into consideration the grounds raised by the petitioner.

3. It is made clear that before passing any order, the Divisional Commissioner shall put the parties on notice including the Respondent No. 10 herein. The entire exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of the copy of the complaint made by the petitioner. Any order passed shall be communicated to the party.

4. Having regard to the fact that the present CWJC has been pending before this Court since 2017, the Respondent No. 10 shall not raise the question of limitation before the authority concerned.

5. With the above observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) shakir/- U