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Patna High CourtCWJC/10807/2019disposed

Jai Kishore Das Alias Jay Kishor Das v. The State Of Bihar

2019-07-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10807 of 2019 ====================================================== Jai Kishore Das alias Jay Kishor Das S/o Chhabu Das Vill.- Sonudih Gangti, P.s.- Saino, P.s. and Block- Goradih, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food, Consumer Affairs and Supply, Govt. of Bihar, Patna 2.

The District Magistrate-cum-Chairman of District Level Selection Committee Bhagalpur 3.

The Sub Divisional Officer-cum-Licensing Authority Bhagalpur Sadar, Distt.- Bhagalpur 4.

The Block Supply Officer Goradih Block, Distt.- Bhagalpur 5.

Norottam Kumar S/o Sikandar Prasad Resident of Gangti, P.o.- Saino, P.s. and Block- Goradih, Distt.- Bhagalpur presently selected as Public Distribution Shop (P.D.S.) Dealer of Sonudih Satjori Panchayat, BlockGoradih, Distt.- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravina Kumari, Advocate For the Respondent/s :

Mr. AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

Learned counsel for the petitioner submits that the candidature of the petitioner has been ignored by refusing to look into the educational certificate of the petitioner. It is submitted that the selection of private respondent no. 5 is wholly illegal and dehors to the established procedures and guidelines for selection of the Public Distribution System Dealer.

Patna High Court CWJC No.10807 of 2019(2) dt.27-07-2019 2/2 Learned counsel further submits that vide Annexure '4' to the writ application the petitioner has presented appeal before the District Magistrate, Bhagalpur, however, the same is pending consideration till date. It is also submitted that the petitioner is handicapped and his application is required to be considered with some urgency.

Learned counsel for the State has no objection to issuance of any direction to the District Magistrate, Bhagalpur to pass an appropriate order on the appeal preferred by the petitioner vide Annexure '4' to the writ application. In the given facts and circumstances of the case, the District Magistrate, Bhagalpur is directed to look into the grievance of the petitioner, giving an opportunity of hearing to all concerned and after examining the materials available on the record dispose of the representation/appeal of the petitioner as contained in Annexure '4' to the writ application within a period of 90 days from the date of receipt/production of a copy of this order.

The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) avin/- U