Iftekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5519 of 2023 ====================================================== Iftekhar Alam son of Noman Rahmani, resident of Village- Zamira, P.O. Balupara, P.S. Barsoi, District Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

2.

The District Magistrate, Katihar.

3.

The Block Supply Officer, Barsoi, District Katihar. 4.

The Circle Officer, Barsoi, District Katihar. 5.

Farhana Parween, wife of Rezaul Bari, Village Zamira, Kochpokhar, Ward No. 8, P.S. Barsoi, District Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Abdul Mannan Khan, Adv., MD. Najmul Hodda, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 27-04-2023

1. It is five years back that the licence was awarded to the respondent.

2. The petitioner has approached this Court. Before approaching the Court, the petitioner had filed complaint before the Public Grievance Redressal Authority. The complaint was rejected. The petitioner thereafter has filed a complaint to the S.D.O., Katihar, alleging that the caste certificate was wrongly issued to the concerned applicants, whereafter he has filed the present writ petition.

3. This Court finds that a selection process was

Patna High Court CWJC No.5519 of 2023(2) dt.27-04-2023 2/2 adopted and the private respondent was awarded the P.D.S. licence. Question whether her caste certificate was wrongful, can be a question of fact, which cannot be examined in writ jurisdiction.

4. The writ petition is wholly misconceived and also suffers from laches.

5. Accordingly, the writ petition is dismissed on both the counts.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 26 U