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Patna High CourtCWJC/6728/2019disposed

Punam Kumari Yadav @ Poonam Kumari Yadav v. The State Of Bihar

2024-01-30Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6728 of 2019 ====================================================== Punam Kumari Yadav @ Poonam Kumari Yadav, aged about 28 years, Female, Wife of Munna Kumar Yadav Resident of Village-Chorma, P.S.-Pakri Dayal, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary-Cum-Commissioner, Department of Food and Civil Supply, Government of Bihar, Patna 2.

District Magistrate, East Champaran, District East Champaran. 3.

District Magistrate-Cum-Chairman of P.D.S. Dealer Selection Board, East Champaran.

4.

District Supply Officer, East Champaran District-East Champaran. 5.

Sub-Divisional Officer-Cum-Iicensing authority, Pakri Dayal, District- East Champaran.

6.

Marketing Officer, Pakri Dayal, District-East Champaran. 7.

Block Supply Officer, Pakri Dayal, District-East Champaran. 8.

Karishama Kumari Daughter of Panna Lal Keshari, P.D.S. Dealer having License no. 78/2019, Resident of Village-Chorma, P.S.-Pakri Dayal, DistrictEast Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-01-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "That this is an application for issuance of writ in the nature of mandamus or any other appropriate writ for directing and commanding the respondents for following relieves- (i) For directing and

Patna High Court CWJC No.6728 of 2019(2) dt.30-01-2024 2/3 commanding the respondents to select the petitioner as a P.D.S.' dealer in place of private respondent no.-8 namely Karishama Kumari having P.D.S. licence no. 78/2019 as she is most deserving candidate for selection of P.D.S.'s dealer in village-Chorma, P.S.-Pakridayal, District-East Champaran.

(ii) Also for directing and commanding the respondent to cancel the P.D.S. license no. 78/2019 of the private respondent no.-8, namely Karishama Kumari."

3. Without going into the merits or demerits of the case, having regard to the amendment issued by notification dated 21.07.2022 to the Bihar Authority and Public Distribution System Control, II Amendment Order - 2022.

2. The present writ petition is disposed off with a direction to the petitioner to approach the Divisional Commissioner ventilating her grievance against the selection of the Respondent No. 8 as PDS dealer.

3. On such representation being made, the Divisional Commissioner shall consider the same on its own merit duly putting all the parties on notice and then passing a reasoned order.

4. The entire exercise shall be completed within a period of four weeks from the date of the receipt of the copy of the complaint by the Divisional Commissioner.

Patna High Court CWJC No.6728 of 2019(2) dt.30-01-2024 3/3

5. It is needless to mention that before passing any order, the Divisional Commissioner shall give an opportunity of hearing to the parties. Any order passed, shall be communicated to the parties.

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