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Patna High CourtCWJC/9829/2021disposed

Usha Vishwakarma v. The State Of Bihar

2021-10-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9829 of 2021 ====================================================== Usha Vishwakarma Wife of Shri Rajesh Kumar Resident of Village and P.O.- Dharampur, P.S.- Kako, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Jehanabad. 2.

The District Magistrate, Jehanabad.

3.

The District Officer, Jehanabad.

4.

The District Supply Officer, Jehanabad.

5.

The Sub-Divisional Officer, Jehanabad, District- Jehanabad. 6.

The District Co-operative Officer, Jehanabad. 7.

The Block Development Officer, Kako, P.S.- Kako, District- Jehanabad. 8.

Rajnish Paswan Son of Ram Ishwar Paswan Resident of Village and P.O.- Bharthua, P.S.- Kako, District- Jehanabad.

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

For the Petitioner/s :

Mr.Dineshwar Prasad Singh, Advocate For the Respondent/s :

Mr.Anisul Haq, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-10-2021 Heard the learned counsel for the petitioner and Sri Sri Anisul Haq appearing for the State.

The present writ petition has been filed for quashing the resolution dated 26.07.2018, passed by the District Level Selection Committee held under the Chairmanship of the District Collector, Jehanabad, whereby and whereunder the P.D.S. license has been granted to the private respondent no. 8. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal before the Divisional Commissioner, Gaya Division,

Patna High Court CWJC No.9829 of 2021(2) dt.04-10-2021 2/2 challenging the aforesaid resolution dated 26.07.2018 as also the one dated 26.09.2019, which has been passed during the interregnum period.

The learned counsel for the respondent State has got no objection.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file appropriate appeal before the Divisional Commissioner, Gaya Division, in accordance with law and in case, such an appeal is filed within a period of four weeks from today, the Divisional Commissioner, Gaya Division shall consider the same on merits and pass a reasoned and a speaking order within a period of eight weeks, thereof.

(Mohit Kumar Shah, J) rinkee/- U