Uttam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12252 of 2021 ====================================================== Uttam Kumar Singh son of Devsagar Singh resident of Village- Rukundipur, Police Station- Daraunda, District- Siwan, at present Manager, Rukundipur PACS, Block- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative Department, Government of Bihar, Patna.

2.

The Registrar, Cooperative Societies, Bihar, Patna. 3.

The District Magistrate, Siwan.

4.

The District Supply Officer, Siwan.

5.

The District Cooperative Officer, Siwan.

6.

The District Manager, Bihar State Food Corporation Limited, Siwan. 7.

The Sub- Divisional Officer, Maharajganj, District- Siwan. 8.

The Block Supply Officer, Daraunda, District- Siwan. 9.

The Block Cooperative Officer, Daraunda, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2021 The present writ petition has been filed seeking the following reliefs:- "i) For issuance of an appropriate writ in the nature of certiorari for quashing the letter no. 656 dated 15.04.2020 issued under the signature of the District Cooperative Officer, Siwan, by which the petitioner's license no. 01 of 2012 of Public Distribution System issued in the name of PACS, Rukundipur, Block-Darunda, District-Siwan has been stopped from functioning without any rhyme or reason and also for quashing the order as contained in memo no. 47 dated 04.02.2020 issued under the signature of the Sub-

Patna High Court CWJC No.12252 of 2021(2) dt.05-10-2021 2/3 Divisional Officer, Maharajganj, by which the beneficiaries of Public Distribution System shop of PACS, Rukundipur, Block Daraunda, District-Siwan has been tagged with another shop.

ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to allow the petitioner to continue his Licence No.01 to 2012 of Public Distribution System of PACS, Rukundipur, Block-Daraunda, District-Siwan without any hindrance on the ground that the petitioner's license has been stopped from functioning on the basis of frivolous allegations due to biased attitude on the behest of the political opponent.

iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to allow the petitioner to continue his license bearing License No. 01 of 2012 on the ground that the petitioner has regularly distributed the food grains as well as kerosene oil.

iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pass an appropriate and speaking order on the representations of the petitioner dated 04.03.2021 filed before the Registrar, Cooperative Societies, Bihar, Patna."

At the outset, the learned counsel for the petitioner submits that the petitioner has already filed a representation before the respondent no. 2 i.e. the Registrar, Cooperative Societies, Bihar, Patna, hence the respondent no. 2 be directed to dispose off the same by a reasoned and a speaking order within a

Patna High Court CWJC No.12252 of 2021(2) dt.05-10-2021 3/3 stipulated time frame.

The learned counsel for the respondent-State Shri Alok Ranjan, AC to AAG-5 has got no objection to the short prayer made by the learned counsel for the petitioner. Accordingly, the present writ petition stands disposed off as not pressed, however, with a direction to the respondent no. 2 to dispose off the representation filed by the petitioner, which is annexed as Annexure-9 to the present writ petition by a speaking and a reasoned order, in accordance with law, within a period of eight weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/- U