Pramod Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4948 of 2019 ====================================================== Pramod Kumar Singh S/o Late Kailash Singh, Resident of Village Kapripur, P.S. -Basantpur Block Naviganj, Dist Siwan.

... ... Petitioner

Versus

1.

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

2.

The Secretary, Food and Consumer Protection Department State of Bihar, Patna.

3.

The Collector, Siwan.

4.

The District Co-operative officer, Siwan.

5.

The District Supply Officer, Siwan.

6.

The S.D.O Maharjganj, Dist Siwan.

7.

Ramashankar Tiwary S/o Jaleshwar Tiwary, Resident of Village Ujjaina P.S Basantpur, Block Lakri Naviganj, Distt Siwan. 8.

Amit Kumar Singh Ramnath Singh Resident of Village Kapripur, Block -Lakri Naviganj P.S Basantpur,Dist Siwan ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr.AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and the State.

Petitioner in the present case is aggrieved by and dissatisfied with the rejection of his candidature for grant of license of the Public Distribution System shop in Gram Panchayat Basauli Ward No. 13 and 11 respectively. He is also challenging the selection of respondent nos. 7 and 8 to the writ application.

Patna High Court CWJC No.4948 of 2019(3) dt.02-08-2019 2/3 In course of argument, learned counsel for the petitioner submits that in fact in order to favour respondent nos. 7 and 8 the licensing authority allowed them to bring on record the computer knowing certificate much after expiry of the date for filling up of the application for grant of license. Learned counsel submits that it was not permissible and if it has been done it shows that there is no fair play in action. He has also placed before this Court a copy of this representation/appeal preferred before the District Magistrate, Siwan, copy of which has been enclosed as part of Annexure '2' series to the writ application.

Learned counsel for the State submits that since the District Magistrate is the statutory authority in terms of Rule 32 of the Bihar Targeted P.D.S. (Control) Order, 2016 to consider the appeal against the order passed by the licensing authority, this Court may direct the District Magistrate, Siwan to look into the grievance of the petitioner, consider the same and dispose it off by a reasoned order.

Having heard learned counsel for the petitioner and the State, this Court thinks it just and proper to direct the District Magistrate, Siwan (Respondent No. 3) to look into the grievance of the petitioner, consider the same and pass a

Patna High Court CWJC No.4948 of 2019(3) dt.02-08-2019 3/3 reasoned order after hearing all concerned within a period of 90 days from the date of receipt/production of a copy of this order. This writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) vats/ved U