Mukesh Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6734 of 2019 ====================================================== Mukesh Kumar Pandit S/o Sri Bhola Pandit, Resident of VillageMahmaddipur,P.S..- Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Food and Civil Supply, Bihar at Patna.

3.

The District Magistrate, Samastipur.

4.

The Additional District Magistrate (Supply), Samastipur. 5.

The Sub-Divisional Officer, Patori, Samastipur. 6.

The B.D.O., Mohiuddin Nagar Block, Samastipur. 7.

The Marketing Officer, Mohiuddin Nagar Block, Samastipur. 8.

Khushbu Kumari W/o Vikash Kumar Pandit, Resident of VillageMahmaddipur, P.S.- Mohiuddin Nagar, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, 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 off issuance of an appropriate writ/writs, order/orders or direction for:

(i) Commanding the Respondent Authorities particularly the Respondent No. 3 and 5 to look into grievance of the petitioner for the purpose of issuance of Public Distribution Shop at Mahmaddipur

Patna High Court CWJC No.6734 of 2019(2) dt.30-01-2024 2/3 Panchay within the category of most backward class of Mohiuddin Nagar Block of Patori Sub-Division in pursuance to the objection/grievances dated 14.03.2018 (Annexure-3).

(ii) Further commanding the Respondent authorities to follow with uniform yard stick of educational qualification for the purpose of preparation of merit list.

(iii) Grant of any other incidental or consequential relief/reliefs for which the petitioner can be found entitled for."

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 his 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.6734 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