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Patna High CourtCWJC/5523/2020withdrawn

Hema Kumari v. The State Of Bihar

2021-11-23The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5523 of 2020 ====================================================== Hema Kumari, W/o- Bipin Kumar Mandal, Resident of Village- Majhaura, P.o.- Chanauraganj, Ward No. 14, Panchayat- Simra, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Madhubani 3.

The Sub-Divisional Officer, Jhanjharpur, P.S.- Jhanjharpur, DistrictMadhubani 4.

The Block Development Officer, Jhanjharpur, P.S.- Jhanjharpur, DistrictMadhubani 5.

The Block Supply Officer, Jhanjharpur, P.S.- Jhanjharpur, DistrictMadhubani 6.

The Block Supply Officer, Rahika, District- Madhubani 7.

The Block Supply Officer, Andhrathadhi, District- Madhubani 8.

The Block Supply Officer, Ghoghardiha, District- Madhubani 9.

Rubi Kumari, W/o- Rajesh Kumar Paswan Resident of Village- Maheshpura, P.o. and P.s.- Jhanjharpur, District- Madhubani, Pin Code- 847404 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-11-2021 Petitioner has prayed for the following relief(s):- (A) A Certiorari for setting aside the order/merit list dated 21.12.2019 (Annexure-6) issued by the Sub-Divisional Officer, Jhanjharpur ( Respondent No. 3) whereby the License of Public Distribution System Shop of Gram Panchayat Simra

Patna High Court CWJC No.5523 of 2020(2) dt.23-11-2021 2/3 in the District of Madhubani has been allotted to Rubi Kumari (Respondent No. 9).

(B) A Mandamus commanding the respondents to allot the Licence of Public Distribution System Shop of Gram Panchayat Simra in the District of Madhubani to the petitioner.

(C) Any other relief or reliefs for which petitioner may be found entitled to in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file appeal before the appropriate authority.

Prayer allowed.

He may do so within a period of four weeks.

Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period, limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing.

We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

We clarify that we have not expressed any opinion on facts and law. All issues are left open.

Learned counsel for the parties undertake not to take

Patna High Court CWJC No.5523 of 2020(2) dt.23-11-2021 3/3 any unnecessary adjournment in such proceedings. The present petition stands disposed of with the liberty aforesaid.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini U