Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6881 of 2024 ====================================================== Babloo Kumar Son of Moti Yadav, Resident of Village- Balwapar, Post Office- Manjour, Police Station- Warsaliganj, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Special Secretary Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Nawada. 4.

The Sub Divisional Officer, Nawada Sadar, Nawada. 5.

The District Supply Officer, Nawada.

6.

The Block Supply Officer, Warsaliganj, District- Nawada. 7.

The District Selection Committee through its Chairman, District Magistrate, Nawada.

8.

Binod Kumar Sharma Son of Arjun Prasad Singh, Resident of VillageManjour, Panchayat and Post Office- Manjour, Police Station- Warsaliganj, District- Nawada.

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Respondent/s :

Mr. Standing Counsel ( 26 ) For the State :

Mr. Manoj Kumar Ambastha, SC -26 Mr. Divit Vinod, AC to SC 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 30-07-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):- "For issuance of writ in the nature of mandamus commanding the Respondents to make selection of the petitioner for grant of Public Distribution System Dealership License

2/4 for Manjour Gram Panchayat in the District of Nawada in pursuant to the Advertisement No.

1/2017 as the P.D.S. dealership has been remained vacant at gram Panchayat Manjour in the District of Nawada due to cancellation of PDS License No. 102/2018 with immediate effect issued in favour of Respondent No. 8 vide order contained in Memo No. 1383 dated 07.10.2023 by Sub Divisional Officer, Nawada Sadar due to found graduation certificate of the Respondent No. 8 forged after verification from concerned University.

(ii) For direction to the Respondent authority to make selection of the petitioner for grant of PDS dealership license for Manjour gram Panchayat, district- Nawada because petitioner's name is at Sr. 1 in the evaluation chart and he has higher qualification other than all candidates."

3. Learned counsel appearing on behalf of the petitioner submits that pursuant to the advertisement given for appointment of a PDS dealer for Manjour Gram Panchayat in the district of Nawada vide advertisement No. 1/2017, the petitioner as well as the Respondent No. 8 had applied for the same. That after initial scrutiny, the Respondent No. 8 was selected as a PDS dealer thereafter the petitioner had filed a complaint before the competent authority vide order dated

3/4 07.10.2023 has decide the selection of the Respondent No. 8. Learned counsel for the petitioner submits that the Respondent No. 8 aggrieved by the order of cancellation has preferred an appeal dated 11.12.2021 before the District magistrate. Learned counsel for the petitioner states that it would suffice for a moment if a direction is given to the District Magistrate i.e. the Respondent No. 3 herein to decide the appeal as expeditiously as possible by fixing a time frame.

4. Learned counsel appearing on behalf fo the respondents State as well as the Respondent No. 8 submits that they have no objection if a direction is given to the Respondent No. 3 to dispose of the appeal pending before him by fixing a time frame in accordance with law.

5. Having regard to the above made submissions, the present writ petition is disposed of directing the Respondent No. 3 to dispose of the appeal filed by Respondent No. 8 as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the copy of this order. It is needless to mention that before passing any order, the petitioner as well as the Respondent No. 8 shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the parties.

4/4

6. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U