Sony Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4628 of 2024 ====================================================== Sony Kumari, aged about 25 years, Female, Wife of Subodh Kumar, Resident of Village- Phular, P.S. Mahua, District Vaishali. ... ... Petitioner/s

Versus

1.

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

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Vaishali.

4.

The Chairman, District Selection Committee (P.D.S.), Vaishali. 5.

The District Supply Officer, Vaishali.

6.

The Sub-Divisional Officer, Mahua, District-Vaishali. 7.

The Block Supply Officer, Mahua, District-Vaishali. 8.

The B.D.O., Mahua, District-Vaishali.

9.

Amod Kumar, Son of Bacchu Singh Resident of Vilalge-Hakimpur, PostPhular, P.S.-Mahua, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Gazala Perween, Advocate.

For the Respondent/s :

Mr. Standing Counsel 4.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 31-07-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "That by this writ application the petitioner craves indulgence of this Hon'ble Court for issuance of appropriate writ(s)/direction(s)/Order(s) to the Respondents for issue of PDS shop license to the petitioner under self-help group category in the Sub-DivisionMahua, Block-Mahua, Panchayat-

Patna High Court CWJC No.4628 of 2024(2) dt.31-07-2024 2/3 Jalalpur Gangti in the BC Roster Serial No. 796 vacancy as per her eligibility and position in the merit list."

3. Learned counsel appearing on behalf of the respondents states that as per the amendment order Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is the competent authority for disposing of any complaint or representation made by an aggrieved party.

4. Having regard to the fact that the petitioner has already filed a complaint before the Divisional Commissioner as per the amendment made vide notification dated 21.07.2022 under the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022. The present writ petition is disposed of directing the Divisional Commissioner to pass necessary orders. The Divisional Commissioner shall pursue the letter dated 22.07.2023 (Annexure-7) and in case the report is not received within time, he will processed with the case on its own merits strictly in accordance with law within a period of eight weeks from the date of receipt of this order. It is needless to mention that before passing any order, all the parties shall be put on notice and given an opportunity of hearing, besides submitting their objections. Any order passed shall be

Patna High Court CWJC No.4628 of 2024(2) dt.31-07-2024 3/3 communicated to the parties.

5. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) shakir/- U