Upendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3372 of 2019 ====================================================== Upendra Kumar, Son of Kanhaiya Sah, Resident of Village-P.O.-Bhawanipur Bazar, P.S.-Nakardei, District-East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary to Govt. of Bihar, Food and ConsumerProtection Department, Bihar, Patna Bihar 3.

The Collector of District Cum Chairman, District Selection Committee, East Champaran at Motihari 4.

The District Supply Officer, Food and Consumer Protection Departments Officer, at Moihari Bihar 5.

The Sub-Divisional Officer, Raxaul, East Champaran 6.

Mohan Prasad Son of Ragubir Prasad, Resident of Village-Bhawanipur Bazar, P.S. Nakardei, District -East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi, Adv.

Mr. Ajay Kumar Mishra, Adv.

Miss Ajita, Adv.

For the Respondent/s :

Mr. Md. Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2019 Petitioner, in the present case, is aggrieved by and dissatisfied with the selection of respondent no.6 as PDS Dealer. It is the case of the petitioner that his candidature for the PDS licence has been refused arbitrarily and without taking care of the objection which he had filed before the S.D.O., Raxaul, East Champaran.

Learned counsel for the petitioner submits that the petitioner has also raised his grievance against the selection before the District Magistrate, East Champaran vide Annexure-5

Patna High Court CWJC No.3372 of 2019(2) dt.28-06-2019 2/2 to the writ application which is still pending. Learned counsel for the State submits that since the District Magistrate, East Champaran (respondent no.3) is the statutory authority under the Bihar Targeted PDS (Control) Order, 2016 to look into the grievance if any raised against the selection of PDS Dealer, an appropriate direction may be issued to him to look into Annexure-5 and dispose of the same. Having heard learned counsel for the petitioner and the State, this Court directs the Collector-cum-District Magistrate, East Champaran (respondent no.3) to look into the grievance of the petitioner as contained in Annexure-5 to the writ application and take an appropriate decision thereon within a period of three months from the date of receipt/production of a copy of this order.

It goes without saying that while passing the appropriate order all concerned persons likely to be affected by such order will be heard.

This writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) arvind/- U