Sharmili Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6893 of 2019 ====================================================== Sharmili Kumari, aged about 27 years, Female, W/o Avinash Chandra Raj Vill. and P.O. and Panchayat- Nandlalpur, P.S.- Kahalgaon, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

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

2.

The Distirct Magistrate Bhagalpur 3.

The Distirct Supply Officer Bhagalpur 4.

The Sub Divisional Officer Kahalgaon, Distt.- Bhagalpur 5.

The Sub Divisional Officer Bhagalpur 6.

The Block Supply Officer Kahalgaon, Distt.- Bhagalpur 7.

Rajiv Uraon @ Ramesh Uraon S/o Amarnath Uraon Vill. and P.O.- Nandlalpur, P.S.- Kahalgaon, Distt.- Bhagalpur 8.

Rakhi Kumari W/o Chandrahas Kumar Vill. and P.o.- Nandlalpur, P.S.- Kahalgaon, Distt.- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tarun Prasad Mandal, 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:- ".....for issuance of an appropriate writ, order or direction cancelling the selection of Respondent No. 7 and 8 for grant of PDS License against Roaster Point 344 and 345 in Nandlalpur Panchayat in as much as their selection is bad and against the Rule and further direct the respondent concern to consider and select the petitioner in view of recommendation."

3. Without going into the merits or demerits of the case, having regard to the amendment issued by notification

Patna High Court CWJC No.6893 of 2019(4) dt.30-01-2024 2/2 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 her grievance against the selection of the Respondent Nos. 7 and 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.

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