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Patna High CourtCWJC/7305/2022disposed

Rinki Kumari v. The State Of Bihar

2024-03-12Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7305 of 2022 ====================================================== Rinki Kumari W/o Abhinash Kumar Gupta, Resident of Village-Balia Kothi, P.S. Nasriganj, District-Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Rohtas at Sasaram.

4.

The District Supply Officer, Rohtas at Sasaram. 5.

The Additional District Supply Officer, Bikramganj, Rohtas. 6.

The Sub-Divisional Officer, Bikramganj, Rohtas. 7.

The Block Supply Officer, Nasriganj, Rohtas.

8.

Sunil Kumar, S/o Amit Kumar, Resident of Village-Dhanaw, P.S. Nasriganj, District-Rohtas.

9.

Kumari Nilam Singh, W/o Kashinath Singh, Resident of Village-Baliya Kothi, P.S. Nasriganj, District-Rohtas.

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (SC 4) Mr. Vatsal Verma, Adv.

For the Respondent No 8:

Mr. Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- ".......for issuance of the appropriate writ/ writs, order/ orders or direction/ directions to the respondent authorities for cancelling the final merit list of the lock-

Patna High Court CWJC No.7305 of 2022(8) dt.12-03-2024 2/3 Nasriganj, Sub-Division- Bikram ganj, Rohtas with respect to the Itimha- panchayat which has been prepared for granting the license of the PDS shop and also for directing respondent authorities to prepare the fresh final merit list with respect to grant the license of the PDS shop under the panchayat-Itimha, Nasriganj, Rohtas and also for quashing the order dated 15.02.2020 passed by the secretary, Food and consumer protection Department Govt. of Bihar Patna by which the application filed on behalf of the petitioner with regard to his grievances was rejected."

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

3. On such representation being made, the Divisional Commissioner shall consider the same on its own merit duly putting all the parties on notice including Respondent Nos. 8 and 9 and then passing a reasoned order.

Patna High Court CWJC No.7305 of 2022(8) dt.12-03-2024 3/3

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