Pinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5383 of 2020 ====================================================== Pinki Kumari W/o Manoj Kumar Rai Resident of Village- Shivdaha- 63, P.O.- Barel Shivdaha, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The Sub Divisional Officer, East, District- Muzaffarpur. 4.

The District Supply Officer, Muzaffarpur.

5.

The Block Supply Officer, Gaighat, District- Muzaffarpur. 6.

Kavita Jha W/o Pankaj Jha Resident of Village- Shivdaha P.O.- Shivdaha, P.S.- Gaighat, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 04-01-2023 Heard the learned Advocates for the parties.

The petitioner has challenged the grant of license to the respondent No. 6 on several counts.

In view of the nature of controversy raised as also in the light of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955 read with Clause-36 of the Bihar Targeted Public Distribution

Patna High Court CWJC No.5383 of 2020 dt.04-01-2023 2/2 System (Control) Order, 2016, we direct that in the event of the petitioner making a suitable representation/complaint before the concerned Divisional Commissioner within a period of thirty days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including Respondent No. 6, shall pass a final order within a further period of sixty days, giving reasons in support of the decision taken by him.

The order so passed by the authority shall be made available to the petitioner as well as the Respondent No. 6. We have specifically asked Respondent No. 6 to be heard by the Divisional Commissioner as the present order is being passed in his absence.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) (Satyavrat Verma, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2023 Transmission Date