Tribhuwan Prasad Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9535 of 2020 ====================================================== Tribhuwan Prasad Ray Son of Ramvrit Ray Village and Post- Jalalpur, BlockMohanpur, P.S.- Patori, District- Samastipur, Bihar- 848506. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The District Magistrate, Samastipur.

4.

The Sub-Divisional Officer, cum Licensing Officer, Patori, Samastipur. 5.

Sangita Devi Wife of Awadhesh Kumar Rai Resident of Village and PostJalalpur, Block- Mohanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kumar Ojha, Adv.

For the State :

Mr. Upendra Pratap Singh, AC to SC-4 For the Respondent No. 5 :

Mr. Surendra Kumar Singh, Sr. Adv.

Mr. Raj Dular Sah, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 28-03-2022 Admittedly, the PDS license of the private respondent no. 5 has already been cancelled.

By various orders, we have sought status report regarding similar cases, if any, pending in other districts, details thereof have been given in the counter affidavit filed today in paragraph no. 5, which is reproduced hereinbelow:- " That in compliance of the letter

Patna High Court CWJC No.9535 of 2020(5) dt.28-03-2022 2/3 no. 1065 dated 9.3.2022 issued by the Department of deponent, till date the department has received information regarding only four such cases from districts. The details of such cases are mentioned in the table below:- District Reported No. of cases of age dispute Details of cases Actions taken Remarks Saharsha

1. Late Jagdish Ram (L.No.

287/200)

2. Late Yogendra Mandal (L.No.

463/2016)

3. Late Ram Sharan Choudhary (L.No.

587/2007) In all three cases Medical Board constituted by Dist.

Magistrate for verification of age of the applicants.

Appropriate decision will be taken after getting report from Medical Board.

East Champara n Departmen t directed District Magistrate to take appropriat e action after constitutin g Medical Board Appropriate action will be taken accordingly.

It has also been assured in the counter affidavit that all the District Magistrates of the State of Bihar have been asked to review similar matters relating to age dispute, if any, and to take appropriate action as per the provisions of the

Patna High Court CWJC No.9535 of 2020(5) dt.28-03-2022 3/3 Bihar Targeted Public Distribution System (Control) Order, 2016.

We have taken note of this statement, no further adjudication of the matter is now necessary.

The writ petition stands disposed off.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U