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Patna High CourtCWJC/10163/2020disposed

Mandeep Kumari v. The State Of Bihar

2021-11-29Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10163 of 2020 ====================================================== Mandeep Kumari wife of Sri Govind Kumar Paswan resident of VillageBhawani Nagar, Ward No. 13, Paswan Tola, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

3.

The Commissioner, Koshi Division, Saharsa.

4.

The Additional District Magistrate-cum- District Supply Officer, DistrictSaharsa. 5.

The District Magistrate, Saharsa.

6.

The District Supply Officer, Saharsa.

7.

The Sub- Divisional Officer, Sadar, District- Saharsa. 8.

Nanhe Kumar son of Sri Vijay Kumar Sah @ Baiju Sah resident of VillageTelba, P.S.- Mahishi, District- Saharsa, Presently Ward No. 13, Bhawani Nagar, P.S. and District- Saharsa.

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 29-11-2021 The petitioner is aggrieved by grant of PDS license to the Respondent No. 8. According to him, the same has been granted in an arbitrary manner.

Admittedly, against the decision of the District Magistrate, Sahrasa, a revision petition is maintainable before the Divisional Commissioner.

Patna High Court CWJC No.10163 of 2020(2) dt.29-11-2021 2/2 On being faced with this situation, the learned counsel for the petitioner submits that he may be allowed to withdraw the present writ petition with liberty to avail the said remedy. We make it clear that in case, the petitioner files a revision petition before the Divisional Commissioner within a period of two weeks from today and if there is any bar of limitation, the same shall not stand in his way. The Revisional authority shall endeavour to decide the case at the earliest in any case not later than eight weeks.

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