Punam Devi @ Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7514 of 2023 ====================================================== Punam Devi @ Poonam Devi, Wife of Mahendra Das Resident of Village - Ramphal Sah Tola Ward No. 2 Saharsa P.S. - Saharsa District - Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary old Secretariat Bihar Patna. 2.

The Principal Secretary Food and Supply Department Govt. of Bihar, Patna. 3.

The Director Food and Supply Department Govt of Bihar, Patna. 4.

The Commissioner Koshi Division Saharsa.

5.

The District Magistrate Saharsa.

6.

The District Supply Officer Saharsa.

7.

The Sub Divisional Officer Saharsa.

8.

Supply Inspector Urban Area Saharsa.

9.

The District Manager State food Corporation Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Advocate.

For the Respondent/s :

Mr.Arvind Ujjwal, SC-4.

For the BSFC :

Mr. Shailendra Kumar Singh, Advocate.

Mr. Utkarsh Utpal, Advocate.

Ms. Usha Kumari, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-09-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "(i) To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding and directing upon the respondents to make the payment of a sum of Rs. 2, 75, 278/- ( Rupees Two lacs Seventy Five thousand Two hundred and seventy Eight) only to the petitioner who has supplied the material in the construction work of Construction of

Patna High Court CWJC No.7514 of 2023(3) dt.22-09-2023 2/3 R.C.C. Drainage culvert near Suita enterprises or Maa Tara Enterprises in Ward No. 20 in Suta Patti Mohalla under M.M.C., Muzaffarpur in the year 2017. (ii) To direct the respondents to make the payment of above mentioned admitted dues of the petitioner with penal interest on account of delay and latches on the part of respondents."

3. Without going into the merits or demerits of the case, having regard to the fact that the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order. The present writ petition is disposed off granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of twelve weeks from today. On such representation being made, the Principal Secretary shall pass necessary orders strictly in accordance with law.

4. It is needless to mention that before passing any order the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of the representation. Any order passed shall be communicated to the party.

Patna High Court CWJC No.7514 of 2023(3) dt.22-09-2023 3/3

5. With the above observations, the present writ petition stands disposed off.

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