Md Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7133 of 2025 ====================================================== Md Shahabuddin, Son of Md Amiruddin, Resident of Village - Naya Tola, Begumpur, P.S. - K.Nagar, District- Purnea, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Purnea.

3.

The Collector-cum-Chairman, District Level Selection Committee, Purnea. 4.

The Collector-cum-District Magistrate, Purnea. 5.

The Sub-Divisional Officer-cum-Licensing Authority, Sadar Purnea, District- Purnea.

6.

The Block Supply Officer, K.Nagar, Purnea.

7.

Md Abdur Rahim, S/o- Md Saidur Rahman, Resident of Village- Begampur, Naya Tola, P.O. - Rikabganj, P.S.- K. Nagar, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Adv.

Mr. Kumar Rajdeep, Adv.

For the Respondent/s :

Mr.Government Advocate (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 13-03-2026 Having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing an appeal before the Divisional Commissioner against the order of the District Level Selection Committee dated 29.09.2018, the present writ petition is disposed of granting liberty to the petitioner to approach the authority concern by way of appeal within a period of four weeks from today. On such appeal being filed, the authority shall consider the same on its own merits duly putting all the parties on notice and pass a reasoned order.

Patna High Court CWJC No.7133 of 2025(8) dt.13-03-2026 2/2

2. It is needless to observe that before passing any order the petitioner as well as the private respondent shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the parties.

3. The authority shall endeavor to pass necessary orders as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of the copy of the appeal by the petitioner.

4. It is made clear that the selection of the Respondent No. 7 is subject to the result of the appeal that the petitioner likely to file. Any objections are filed by the Respondent No. 7, the same shall be considered on its own merits by the authority.

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

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