Kameshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9198 of 2020 ====================================================== Kameshwar Pandey, Son of Late Vishvanath Pandey, resident of Village - Chausa, P.O. Chausa, Police Station- Buxar (Mufassil), District- Buxar. ... ... Petitioner/s

Versus

1.

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

2.

The Chairman, District Level Selection Committee, Buxar. 3.

The District Magistrate, Buxar cum Chairman, District Supply Compassionate/Selection Committee (P.D.S.), Buxar. 4.

The Sub-divisional Officer, Buxar.

5.

The District Supply Officer, Buxar.

6.

The Block Supply Officer, Buxar.

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

For the Petitioner/s :

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

Mr. Lalit Kishore, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 06-12-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- "for issuance of an appropriate writ

Patna High Court CWJC No.9198 of 2020 dt.06-12-2021 2/3 and / or order and / or direction for quashing the decision of District Level Supply Compassionate/Selection Committee, Buxar with respect to the petitioner vide memo no. 041228 dated 22.11.2019 by which the claim of the petitioner for his selection as P.D.S. dealer on compassionate ground has been rejected. The petitioner has received the above said letter through R.T.I. dated 12.02.2020."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file appeal before the appropriate authority.

Prayer allowed.

He may do so within a period of four weeks.

Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period, limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing.

We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

We clarify that we have not expressed any opinion on facts and law. All issues are left open.

Learned counsel for the parties undertake not to take

Patna High Court CWJC No.9198 of 2020 dt.06-12-2021 3/3 any unnecessary adjournment in such proceedings. The present petition stands disposed of with the liberty aforesaid.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date