Chandani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6496 of 2022 ====================================================== Chandani Kumari W/o Gopal Kumar, Resident of Village- Deepnagar, Gram Panchayat- Meghi, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum- Chairman, District Level Selection Committee, Nalanda at Biharsharif.

3.

The Collector-cum- District Magistrate, Nalanda at Biharsharif. 4.

The Sub- Divisional Officer, Biharsharif, District- Nalanda. 5.

Anupam Kumari W/o Rohit Raj, Resident of Village- Deepnagar, Gram Panchayat- Meghi, P.S.- Deepnagar, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Adv.

For the State ` :

Mr. Alok Ranjan, AC to AAG5 For the Resp. No.5 :

Mr. Sudama Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 30-09-2022 Heard Mr. Dhananjaya Nath Tiwari, learned advocate for the petitioner, Mr. Alok Ranjan for the State and Mr. Sudama Singh for the private respondent no.5.

The petitioner has challenged the grant of license under the PDS scheme to the private respondent no.5 on the ground that the petitioner is older to her and as respondent no.5, she is also educated and computer literate.

Apart from this, the petitioner is also enrolled with the employment exchange, meaning thereby, that she is unemployed.

Patna High Court CWJC No.6496 of 2022 dt.30-09-2022 2/2 In view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Section 3 & 5 of the Essential Commodities Act, 1955 read with Clause-36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that in the event of the petitioner making a suitable representation/complaint before the concerned Divisional Commissioner within a period of 30 days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including the respondent no.5, shall pass a final order within a period of 60 days, giving reasons in support of the decision taken by him.

The order so passed by the authority shall be made available to the petitioner as well as the respondent no.5. The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) ( Jitendra Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.09.2022 Transmission Date