Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7090 of 2019 ====================================================== Sunil Kumar Son of Shiv Shankar Prasad Sah R/o Village and P.O.-Khartari, Ward No. 14, P.S.-Chiraiya, District-East Champaran ... ... Petitioner/s

Versus

1.

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

The District Magistrate cum Chairman District Selection Committee, East Champaran, Motihari 3.

The Sub Divisional Officer Sikrahana, Dhaka, District-East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-02-2024

1. Learned counsel for the petitioner has stated that the P.D.S. license of the petitioner has been suspended vide impugned order dated 26.12.2018 vide Memo No. 589. Learned counsel has stated that till date the authorities did not pass any final orders. Learned counsel has stated that even though the petitioner is having the necessary certificates which shows that he is a physically disabled person, the authorities have not taken the same into consideration and passed the order of suspension in a whimsical manner contrary to the facts. Learned counsel

Patna High Court CWJC No.7090 of 2019(2) dt.06-02-2024 2/3 has therefore prayed for setting aside the impugned order.

2. Per contra, the learned counsel appearing on behalf of the respondents has stated that the petitioner may be directed to give a representation to the District Magistrate concerned ventilating his grievances, along with the necessary documents. The Collector may be directed to pass necessary orders on the representation of the petitioner.

3. Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed of with a direction to the petitioner to give a representation to the District Magistrate within a period of four weeks from today along with relevant documents to establish that the petitioner is a physically disabled person with 35% disability.

4. On such representation being given, the Collector shall inquire and pass necessary orders strictly in accordance with law. The entire exercise shall be completed within a period of four weeks from the date of the receipt of the representation made by the petitioner. It is needless to observe that the Collector before passing any order shall give an opportunity of hearing to the petitioner. Any order passed shall be communicated to the petitioner.

Patna High Court CWJC No.7090 of 2019(2) dt.06-02-2024 3/3

5. With the above directions, the present writ petition stands disposed of.

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