Dolly Singh @ Dolly Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21443 of 2018 ====================================================== Dolly Singh @ Dolly Kumari Wife of Ghanshil Kumar Singh, Resident of Village- Laxmipur, P.S.- Barari, Dist- Katihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Divisional Commissioner, Purnea Dist- Purnea. 3.
The District Magistrate, Katihar, Dist- Katihar. 4.
The District Programme Officer, Katihar.
5.
The Sub Divisional Officer, Katihar, Dist- Katihar. 6.
The Sub Divisional Officer, Katihar, Dist- Katihar. 7.
The Sub Divisional Officer, Manihari Dist., Katihar. 8.
The District Assistant Officer Katihar, Distt- Katihar. 9.
Archana Kumari, W/o Vikash Kumar Singh, R/o Kabar, PS.- Barari, DistKatihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Jha, Advocate For the Respondent/s :
Mr. Arvind Ujjwal- SC 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 07-01-2025
1. The petitioner has filed the Writ petition for the following reliefs:- "That this writ application is being filed for issuance of an appropriate writ/writs, order/orders in the nature of certiorari for quashing of the amending decision taken by the district selection committee of Subdivision Katihar Barari dated
2/4 26.4.2018 by which the license of P.D.S.
dealer granted to the petitioner by the district selection committee Sub Divisional Katihar block Barari by its meeting dated 18.12.17 has been cancelled without giving any notice to the petitioner is a most arbitrary manner, specially when the petitioner has started the work under the license of P.D.S dealer to the best of her ability and full satisfaction of the beneficiary of the area, further issuance of for an appropriate writ /writs order/orders in the nature of mandamus directing and commanding the respondents for to restore the license of the petitioner which has been cancelled without giving any show cause notice and without giving any reasonable opportunity of being heard and further for any other relief or relief for which petitioner is entitled from the facts and circumstances of this case..
2. At the very outset, Learned counsel for the petitioner contended that since this matter is squarely covered under the order dated 30.01.2024 passed in
3/4 CWJC No. 6893 0f 2019 (Sharmili Kumari Vs. The State of Bihar & Ors.) by a co-ordinate Bench of this Court, this writ petition may also be disposed of on the same terms and conditions.
3. Learned counsel appearing on behalf of the respondents states that as per the amendment order Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is competent authority for disposing of any complaint or representation made by an aggrieved party.
4. In view of the fact that this matter is squarely covered by the aforesaid judgment, the petitioner is directed to approach the Divisional Commissioner for ventilating her grievances against the selection of the Respondent No. 9 as PDS dealer.
5. On such representation being made, the Divisional Commissioner shall consider the same on its own merit duly putting all the parties on notice and then passing a reasoned order.
4/4
6. The entire exercise shall be completed within a period of four weeks from the date of the receipt of the copy of the complaint by the Divisional Commissioner.
7. It is needless to mention that before passing any order, the Divisional Commissioner shall give an opportunity of hearing to the parties. Any order passed, shall be communicated to the parties.
8. With the aforesaid observations, this writ petition stands disposed of in light of the order passed in Sharmili Kumari (supra).
9. Interlocutory Application(s), if any, shall stand disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2025 Transmission Date