Prity Kumari @ Priti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8560 of 2020 ====================================================== Prity Kumari @ Priti Kumari Wife of Vivekanand Kumar Patel Resident of Village- Bara Badheya, P.S. Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

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

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

3.

The Commissioner, Saran Division, Saran at Chapra. 4.

The District Magistrate, Gopalganj.

5.

The Sub Divisional Officer, Gopalganj.

6.

The District Supply Officer, Gopalganj.

7.

The Block Development Officer, Barauli, District Gopalganj. 8.

The Block Supply Officer-cum-Marketing Officer, Barauli, DistrictGopalganj. 9.

The District Level Selection Committee (Suuply) through its Chairman, District- Gopalganj.

10.

Savita Devi Wife of Pankaj Kumar R/o Village- Bankat, P.S.- Barauli, District- Gopalganj.

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey 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) 25-11-2021 The petitioner is aggrieved against the order contained in memo dated 31.8.2020 passed by the District Magistrate, Gopalganj.

There is a provision in Rule 32(vii) of the Bihar Targeted PDS (Control) Order, 2016, empowering the Principal

Patna High Court CWJC No.8560 of 2020(5) dt.25-11-2021 2/2 Secretary of the Department to call for records related to the order passed under the provisions of the said Order, 2016 suo moto or upon a representation filed by someone and examine validity thereof. He is also empowered to pass any order, which he thinks fit. We propose that the petitioner should first avail this remedy.

The learned counsel appearing for the Respondent has no objection to this.

Under the circumstances, we hereby dispose of the writ petition with the observation that in case, the petitioner files a representation before the Principal Secretary / Secretary of the Department within a period of three weeks from today, the same shall be considered on merits, as per law, by the authority in question and appropriate order shall be passed at the earliest in any case not later than eight weeks, therefrom. (Rajan Gupta, J) ( Mohit Kumar Shah, J) Tiwary/-Ajay/- U