Ganesh Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5313 of 2019 ====================================================== Ganesh Das, Son of Madan Das, Resident fof Village-Pipriya Diyara, P.S.- Pipriya, District-Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Department of Food and Civil Supply, Government of Bihar, Patna 2.

The Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna 3.

The District Magistrate, Lakhisarai 4.

The Sub-Divisional Officer Lakhisarai 5.

The Block Supply Officer, Pipriya, Lakhisarai 6.

Sangita Kumari, Wife of Raj Kumar, Resident of Village-Karari Pipriya, P.S.-Pipriya, District-Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

Mr.Vijay Kumar, Adv.

For the Respondent/s :

Mr.U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-11-2019 The petitioner is aggrieved by and dissatisfied with the selection of private respondent no.6 for grant of licence under the Public Distribution Shop System. He is also aggrieved by nonconsideration of his objection raised against the provisional select list. In this regard, the petitioner is said to have preferred a representation by way of an appeal before the District Magistrate, Lakhisarai vide Annexure-6 to the writ application. It is submitted that the selection of respondent no.6 is against the guidelines issued under the Bihar Targeted PDS (Control) Order, 2016. Learned counsel for the State submits that since the petitioner has already applied for the statutory remedy of appeal

Patna High Court CWJC No.5313 of 2019(2) dt.06-11-2019 2/2 before the District Magistrate, Lakhisarai (respondent no.3), an appropriate direction may be issued to respondent no.3 for hearing and disposal of the representation treating the same as an appeal under the Control Order of 2016 within a reasonable time. Having heard learned counsel for the petitioner and the State, in the given facts and circumstances of the case, where the statutory appeal is said to be pending with the District Magistrate, Lakhisarai vide Annexure-6 to the writ application, this Court directs the respondent no.3 to look into the grievance of the petitioner, consider the same and pass an appropriate order thereon within a maximum period of 90 days from the date of receipt/production of a copy of this order. Before passing the final order, an opportunity of hearing shall also be given to the private respondent no.6. Liberty is granted to the petitioner to file any additional document/material within a period of two weeks from today.

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