Md. Alam v. The State Of Bihar And ORS

Patna High Court CWJC No.22413 of 2014 dt.02-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22413 of 2014 =========================================================== Md. Alam. Son of Abdul Karim. Resident of village - Fasiya, P.S.- Muffassil, Ranipatra, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Joint Secretary, Food and Civil Supply Department, Bihar, Patna.

2. The District Magistrate, Purnea.

3. The District Supply Officer, Purnea.

4. The Sub-Divisional Officer, Purnea.

5. The Block Supply Officer, Purnea East.

6. The Badri Rishideo. Son of Late Charitar Rishideo. Resident of village - Birpur, Block - Purnea East, P.S. and District - Purnea. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv For the Respondent/s : Mr. GP31- SMT. BINITA SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-08-2018 The present writ petition has been filed for quashing the office order as contained in memo no. 413 dated 13.10.2014 passed by the Sub Divisional Officer, Sadar, Purnea (respondent no. 4) as contained in Annexure-1 whereby and whereunder the licence of Public Distribution Fair Price shop of the respondent no. 6 has been restored.

2. Learned counsel for the petitioner submits that the impugned order dated 13.10.12014 is liable to be quashed inasmuch as the respondent no. 6 was ineligible for grant /restoration of PDS licence as he was holding a post of benefit in the Government (Vikas Mitra) contrary to the Rule 2.6 of

Patna High Court CWJC No.22413 of 2014 dt.02-08-2018 the Essential Commodities Act, 1955.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievance of the petitioner, this Court is of the view that the interest of justice will be met if the petitioner is granted liberty to approach the Sub Divisional Officer, Purnea (respondent no. 4) with a representation for redressal of his grievances. If any such representation is filed within a period of three weeks, the same shall be considered and disposed of after grant of opportunity of hearing to the petitioner as well as to the respondent no. 6, in accordance with law expeditiously and in any event within a period of two months thereafter.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2018 Transmission Date NA