Khijol Devi @ Khijol Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19166 of 2018 ====================================================== Khijol Devi @ Khijol Kumari W/o Shankar Singh, R/o Amdol, P.S.- Pranpur, Distt.- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector cum District Magistrate, Katihar. 3.

The District Supply Officer, Katihar.

4.

The Sub Divisional Officer, Pranpur.

5.

The Block Supply Officer, Pranpur.

6.

Kumari Lovely, W/o Shyam Kumar, R/o Sonela, P.S. Mansahi, Distt.- Katihar.

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

For the Petitioner/s :

Mr. N.K. Agarwal. Sr. Adv.

:

Mr. Sanjeev Kumar Singh, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal-Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 19-09-2023 Heard the learned counsels for the parties.

2. This writ petition has been filed for seeking the following relief(s):- "That this is an application issuance of an appropriate writ order or direction, directing the respondents concern to consider the candidature of the petitioner regarding the selection of the Respondent No. 6 for the grant of P.D.S. licence Kehuniyan Panchayat as the official Respondents and the Respondent No.-6 has played fraud and misrepresentation of the fact to get the licence and has produced/ supplied wrong information and forged documents and after the due enquiry in whole selection process

Patna High Court CWJC No.19166 of 2018(4) dt.19-09-2023 2/3 take necessary action for the selection of the petitioner, if she has requisite qualification.

And for any other relief/relief(s) for which the petitioner is found to be entitled in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the respondents states that as per the amendment order Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is competent authority for disposing of any complaint or representation made by an aggrieved party.

4. Learned counsel appearing on behalf of the petitioner states that the petitioner may be permitted to submit a representation to the Divisional Commissioner concerned, and direction may be given to the Divisional Commissioner to pass appropriate orders on the said representation of the petitioner.

5. Without going into the merits or demerits of the case, having regard to the fact that the petitioner has a remedy of filing a representation/complaint before the Divisional Commissioner as per the amendment made vide notification dated 21.07.2022 under Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022. The petitioner is directed to approach the Divisional Commissioner

Patna High Court CWJC No.19166 of 2018(4) dt.19-09-2023 3/3 ventilating his grievance within a period of four weeks from the date of receipt of the order. On receipt of the representation/complaint, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention that before any order is passed, the parties shall be put on notice and given an opportunity of hearing and submit their objections. Any order passed shall be communicated to the parties.

6. With the above said directions, the writ petition stand disposed off.

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