Punam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8331 of 2021 ====================================================== Punam Kumari Wife of Sri Lalan Prasad Rai, Resident of Village - Baishpura, Police Station- Kargahar, Block - Kargahar, District - Rohtas at Sasaram. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary Food Civil Supplies and Consumer Protection, Government of Bihar, Patna. 2.
The District Magistrate Cum Chairman, District Level Selection Committee, Rohas at Sasaram.
3.
The District Supply Officer, Rohas at Sasaram. 4.
The Sub-Divisional Officer, Sasaram District Rohas at Sasaram. 5.
The Block Supply Officer, Kargahar District - Rohas at Sasaram. 6.
Pulkit Kumar, Son of Rishimuni Singh, Resident of Village - Jhal Khora, P.O. - Kargahar, Police Station- Kargahar, District - Rohas at Sasaram. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh, Advocate For the Respondent/s :
Mr. S. Raza Ahmad, A.A.G. 5 Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-01-2022 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writ(s) or direction (s) for quashing the part of the order dated 30-01-2021 issued vide Memo No 138 by which the Respondent No. 2 selected the Respondent No. 6 as public District System (hereinafter referred as P.D.S.) dealer of Bhokhari Gram Panchayat under Block - Kargahar, rejected the legal claim of the petitioner and further direct the respondents to consider the case of the petitioner for selection to the dealership of P.D.S. shop with Bhokhari
Patna High Court CWJC No.8331 of 2021(2) dt.03-01-2022 2/3 Gram Panchayat."
Learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the Divisional Commissioner, Patna to consider and decide the Appeal/Revision to be filed by the petitioner within a period of four weeks along with a copy of this order, within a period of four weeks from the date of its filing.
Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.
Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in
Patna High Court CWJC No.8331 of 2021(2) dt.03-01-2022 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Sanjeev Prakash Sharma, J) K.C.Jha/- U