Anand Lal Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11814 of 2021 ====================================================== Anand Lal Gupta S/o Satya Narayan Sahu Resident of Village- Madhepur East, Ward No. 10, P.S.- Madhepur, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The District Level Selection Committee, Madhubani through its Chairman. 3.

The District Magistrate, Madhubani.

4.

The District Supply Officer, Madhubani.

5.

The Sub- Divisional Officer, Jhanjharpur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Respondent/s :

Mr.Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 11-01-2022 Petitioner has prayed for the following relief(s): "That the present writ application is being filed for challenging the part of the order dated 4.2.2021 passed by District Selection Committee Madhubani fully contained in Memo No. 189 whereby and whereunder the recommendation made by the Respondent No.5 for grant of PDS License under the category of EBC in Madhepur, East Panchayat, in favour of petitioner is cancelled on the ground that petitioner failed to attached the copy of Caste Certificate with the Application Form and further

Patna High Court CWJC No.11814 of 2021(2) dt.11-01-2022 2/3 the Character Certificate produced by the petitioner is found suspicious."

Learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned authority to consider and decide the Appeal to be filed by the petitioner within a period of four weeks along with a copy of this order, within a period of three months from the date of its filing.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such appeal, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

Patna High Court CWJC No.11814 of 2021(2) dt.11-01-2022 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U