Ajay Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1112 of 2014 ======================================================

1. Ajay Kumar Gupta S/O Late Ram Brikch Prasad Resident of Mohalla Nawada, P.O. And P.S. Arrah Nawada, District Bhojpur (Arrah). .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Govt. of Bihar, Patna.

2. The District Magistrate, Arrah (Bhojpur).

3. The Sub Divisional Officer, Arrah (Bhojpur).

4. The Assistant Godown Manager, Arrah of Bihar State Food and Civil Supply Corporation Limited.

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

For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the Respondent/s : Mr. Gautam Bose, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-06-2015 Twin complaints have been made by the petitioner to prefer the writ petition namely:

(a) That by virtue of the delimitation of the constituency, he has been shifted to Ward No.21; and (b) Though the number of card holders are 67 but there are only 45 to 50 consumers.

He submits that by virtue of delimitation and his shifting of the ward he is suffering due to low number of consumers so much so that it is becoming increasingly difficult to run the shop. Learned counsel relying upon a departmental instructions issued by the Food and Civil Supply Department dated 23.8.2011, a copy of which is placed at Annexure-1 submits that an advisory

Patna High Court CWJC No.1112 of 2014 (2) dt.23-06-2015 2/3 has been issued that no dealer should suffer by a change of ward on account of delimitation of a constituency. It is further the complaint of the petitioner that although he has deposited the requisite amount for supplies of ration etc. but it is not being made by the authorities of the Food and Civil Supply Corporation in the District of Bhojpur at Ara. According to the petitioner he had made deposits as back as on 10.1.2013 but until the filing of the writ petition in January, 2014, the supplies had not been effected. A complaint is thus made regarding irregularities in the supplies by the Bihar State Food and Civil Supplies Corporation.

Having heard learned counsel for the parties and considering the nature of grievance raised herein, this writ petition is disposed of with liberty to the petitioner to raise his grievance before the respondent no.2, the District Magistrate, Bhojpur and who shall consider the same in the backdrop of the Government Circular dated 23.8.2011 and dispose of the grievance in accordance with law and after hearing the petitioner. In so far as the irregularity in the supply of allotment is concerned, it goes without saying that any such representation filed by the petitioner would be considered and disposed of in accordance with law by the authority concerned after giving opportunity of hearing to the petitioner.

Patna High Court CWJC No.1112 of 2014 (2) dt.23-06-2015 3/3 The grievance so raised by the petitioner before the respective authorities be disposed of expeditiously and preferably within three months of filing of such application. (Jyoti Saran, J) Bibhash/- U