Asha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3429 of 2022 ====================================================== Asha Kumari Wife of Ashok Kumar Resident of Village- Muhchatti, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Sitamarhi.

3.

The Sub- Divisional Officer, Sitamarhi.

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

For the Petitioner/s :

Mr.Madhusudan Rai For the Respondent/s :

Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 20-07-2022 Heard the learned counsel for the parties.

One Jayanti Kumari was selected for being given the license under the Public Distribution System, which selection was challenged by the petitioner before the Collector, Sitamarhi on the ground that Jayanti Kumari is a Government servant and is working as B.C.M. in the Primary Health Center, Bairgania, Samastipur and that she has lesser

Patna High Court CWJC No.3429 of 2022(4) dt.20-07-2022 2/3 marks than the petitioner.

The District Magistrate, Sitamarhi found substance in the afore-noted accusation of the petitioner and taking into account the rules of selection, found that the selection of Jayanti Kumari was not appropriate. As such, the selection was set aside and a direction was given that an appropriate selection be made by the Licensing Authority. The afore-noted order was passed on 15.06.2021. Since the order was not complied with, the petitioner chose to represent before the District Magistrate, Sitamarhi for implementation of his own order but no such selection has been made by the Licensing Authority till date.

Under the aforesaid circumstances, we direct that in the event of the petitioner representing before the Sub Divisional Officer, Sitamarhi / Licensing Authority, bringing on record, a copy of the order passed by the Collector, Sitamarhi as also of this Court, necessary sequel action shall be taken by him unless prevented by any other supervening circumstance, which if any, shall be notified.

Patna High Court CWJC No.3429 of 2022(4) dt.20-07-2022 3/3 date of receipt / production of a copy of this order. The writ petition stand disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) sunilkumar/- U