Md. Naushad Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6368 of 2019 ====================================================== Md. Naushad Azam, aged about 28 years, Male, Son of Md. Abdul Shakur, Resident of Village- Phenhra, Ward No. 11, P.S.- Phenhara, District- East Champaran Motihari.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Motihari, East Champaran, cum-Chairman, District Selection Committee, Motihari.

3.

The S.D.O. Pakaridayal, East Champaran-cum-Member D.S.C., Motihari.

4.

The District Supply Officer, Motihari East Champaran, cum-Member D.S.C. Motihari.

5.

The Senior Dy Collector Motihari cum-Member D.S.C. Motihari. 6.

The S.D.O. Chakiya, Areraj Sikharahana, Raxaul, cum-Member D.S.C., Motihari.

7.

Amit Kumar, son of Bindeshwari Prasad, aged about 31 years, Male, Son of Bindeshwari Prasad, resident of Village- Phenhari Ward No. 9, P.S.- Phenhara, District- East Champaran, Motihari. 8.

Md. Ishrail Haq Ansari, aged about 21 years, Male, Son of Md. Anwarul Hag, resident of Village- Phenhara, Ward no. 10, P.S.- Phenhara, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Respondent/s :

Mr. Alok Ranjan, AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-10-2019 Petitioner, in the present case, is seeking a direction to the respondents to issue final list of the selected candidate for grant of P.D.S. shop license in the Block Phenhara, Sub-Division - Pakridayal. It is his case that he

Patna High Court CWJC No.6368 of 2019(2) dt.15-10-2019 2/3 has got more marks at matriculation examination and is also computer trained but in the provisional list the petitioner was kept at serial no. 2. In this connection he has represented to the District Magistrate, Motihari vide Annexure '7' to the writ application which is said to be pending consideration.

Learned counsel for the State submits that since the petitioner has already approached the District Magistrate, his representation may be treated as an appeal under Rule 32 of the Bihar Targeted P.D.S. (Control) Order, 2016 and the District Magistrate, Motihari may be directed to dispose off the same within a reasonable time. In the given facts and circumstances of the case since the petitioner has made a categorical statement in the writ application that he has moved before the District Magistrate, Motihari vide Annexure '7' to the writ application, the District Magistrate, Motihari is directed to consider the grievance of the petitioner, examine the same and pass an appropriate order thereon after hearing all the stake holders. The entire exercise must be completed within a period of three months from the date of receipt/production

Patna High Court CWJC No.6368 of 2019(2) dt.15-10-2019 3/3 of a copy of this order.

This writ application stands disposed off accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U