Rita Kumari @ Reeta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4496 of 2019 ====================================================== Rita Kumari @ Reeta Devi D/o Sahdeo Ram Resident of VillageNathanpur,Panchayat-Pali,Block-Barahiya,Dist.-Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer protection Department,Govt. of Bihar,Patna 2.

The Chairman, District Level Selection Committee,Dist.-Lakhisarai 3.

The Collector-cum-District Magistrate, Lakhisarai 4.

The District Supply Officer, Lakhisarai 5.

The Sub Divisional Officer, Lakhisarai 6.

Khushbu Kumari D/o Puran Rajak Resident of Village-Pali,P.S. Birupur,Block Barahiya,Dist.-Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv.

Mr.Dhananjaya Nath Tiwari,Adv.

For the Respondent/s :

Mr.Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-07-2019 Petitioner, in the present case, has though challenged the provisional merit list dated 16.07.2018 in which respondent no.6 was shown at serial no.1, at this stage learned senior counsel for the petitioner submits that in fact during the pendency of the writ application the respondent no.6 has already been selected for grant of fair price shop licence. Learned senior counsel for the petitioner submits that he would challenge the selection of respondent no.6 by filing an appropriate appeal in terms of Rule 32(iii) of the Bihar Targeted PDS (Control) Order, 2016 (in short 'Control Order of 2016') before the Collector-

Patna High Court CWJC No.4496 of 2019(2) dt.16-07-2019 2/2 cum-District Magistrate, Lakhisarai (respondent no.3). Learned counsel for the State has no objection to the same.

In the given facts and circumstances of the case, this writ application is being disposed off with liberty to the petitioner to seek her remedy under the provisions of the Control Order of 2016 before an appropriate authority within a period of 30 days from today. In case such an appeal is preferred within the prescribed period, the same shall be considered and disposed off by the respondent no.3 in accordance with law and in case any question of limitation arises for consideration, the same shall be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

(Rajeev Ranjan Prasad, J) arvind/- U