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Patna High CourtCWJC/5939/2015disposed

Ram Kishore Rai v. The State Of Bihar And ORS

2016-01-13Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5939 of 2015 ====================================================== Ram Kishore Rai son of Late Bhagelu Rai, Resident of village- Chakrasul, P.O.- Mehsi, Police Station- Mehsi, District- East Champaran, Motihari. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2. The Divisional Commissioner, Tirhut Division, Muzaffarpur.

3. The District Magistrate, East Champaran at Motihari.

4. The District Supply Officer, East Champaran at Motihari.

5. The Sub Divisional Officer, Chakiya, District- East Chamaran at Motihari.

6. The Block Supply Officer, Mehsi, District- East Champaran at Motihari.

7. Ram Deo Rai son of Late Chalitar Rai, Resident of Village- Chakrasul, P.O.- Mehsi, Police Station- Mehsi, District- East Champaran, Motihari. .... .... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dhurendra Kumar, Advocate For the Respondent Nos.1 to 7: Mr. A.K.Chaudhary, AAG-13 Mr. Avanindra Kumar Jha, AC to AAG-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 13-01-2016 Heard Mr. Dhurendra Kumar, learned Counsel, appearing for the petitioner, and Mr. Ashok Kumar Choudhary, learned Additional Advocate General No.13, appearing for the respondent Nos. 1 to 7.

In the present writ petition, which has been made, under Article 226 of the Constitution of India, in form of Public Interest Litigation, the material grievance of the petitioner is that respondent No. 7, who is P.D.S. dealer, has not been regularly

Patna High Court CWJC No.5939 of 2015 (2) dt.13-01-2016 2/2 supplying food grains to the petitioner and other deserving persons of National Food Security Act, 2013; rather respondent No.7 has been eliciting higher prices from the allottees and that a report, in this regard, has already been submitted by the Circle Officer to respondent No. 3, namely, District Magistrate, East Champaran at Motihari, but no action has been taken as yet. Considering the matter in its entirety and in the interest of justice, this Public Interest Litigation is disposed of with direction to respondent No. 3, namely, District Magistrate, East Champaran at Motihari, to make an enquiry in the matter and pass appropriate order(s) in accordance with law within a period of six weeks from today.

If the petitioner feels aggrieved by the decision taken, or the order made, by the respondent No. 3, namely, District Magistrate, East Champaran at Motihari, the petitioner shall remain at liberty to take recourse to such provisions of law as may be permissible.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Pawan/- U