Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6465 of 2021 ====================================================== Soni Kumari, Wife of Nirbhay Kumar, Daughter of Radheshyam Thakur, Resident of Village and P.O.-Koiria Nijamat, P.S. and Anchal-Paroo, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna 2.

The District Magistrate Cum Collector, Muzaffarpur. 3.

The District Supply Officer, Muzaffarpur.

4.

The Sub-Divisional Officer Cum LIcensing Authority, Muzaffarpur (West). 5.

The Block Supply Officer, Paroo, Muzaffarpur. 6.

Randhir Kumar Son of Radha Mohan Singh Resident of Village and PostKoiria Nijamat, P.S. and Anchal-paroo, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 22-09-2022 Heard Mr. N.K Agarwal, learned Senior Advocate for the petitioner and learned counsel for the State

Patna High Court CWJC No.6465 of 2021 dt.22-09-2022 2/3 The petitioner has challenged the grant of licence to Respondent No. 6, whose physical disability has been taken into account for the afore-noted decision.

It is the contention of Mr. Agarwal, Sr. Advocate that no such concession is permitted with respect to grant of licence under the Bihar Targted Public Distribution System (Control) Order, 2016.

However, since the matter relates to the selection made by the District Selection Committee, this Court deems it appropriate that the matter be referred to the Divisional Commissioner to look into the matter and pass a final order. On the appearance of the petitioner before the Divisional Commissioner along with petition of complaint within a period of 15 days, to be counted from today, he shall issue notice to all concerned parties including the Respondent No. 6 and after taking into account their narrative, shall pass a final order giving reasons in support of the same.

Patna High Court CWJC No.6465 of 2021 dt.22-09-2022 3/3 This exercise shall be completed within a period of 60 days from the date of presentation of complaint by the petitioner before the Divisional Commissioner. The petition stands disposed of accordingly.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) SKM/uttam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.09.2022 Transmission Date N/A