Ritu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 10815 of 2020 ====================================================== Ritu Devi Wife of Santosh Kumar Resident of Village- Aurahi Ekparha, Ward No. 17, P.S.- Gamharia, Block- Gamharia, Sub Division- Madhepura, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Food and Consumers Protection Department, Government of Bihar, Patna. 2.

The Chairman District Level Selection Committee for Issuance of License as P.D.S. Dealer cum District Magistrate cum Collector, Madhepura. 3.

The Sub Divisional Officer Madhepura, P.S. and District- Madhepura. 4.

The Secretary District Level Selection Committee for Issuance of License as P.D.S. Dealer cum District Supply Officer, Madhepura. 5.

The Block Supply Officer Gamharia, P.S.- Gamharia, District- Madhepura. 6.

Anita Anand Wife of Sambhu Mehta Resident of Village- Aurahi Ekparha, Ward No. 9, P.S.- Gamharia, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr Aravind Ujjwal, SC IV ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 11-01-2022 This case has been taken up for online hearing through video-conference because of COVID 19 pandemic restrictions.

Heard learned counsel for the parties.

The petitioner, in the present writ application, has challenged selection of Respondent No 6 as the public distribution system dealer under Bihar Targeted Public

Patna High Court CWJC No.10815 of 2020(2) dt.12-01-2022 2/2 Distribution System (for brevity, BTPDS) (Control) Order, 2016 for Aurahi Ekparha Panchayat, in the district of Madhepura. The petitioner is further seeking a direction that she be selected for the said purpose and licence be granted in her favour. In our view, the petitioner ought to have approached the appropriate authority under the BTPDS Control Order, 2016 seeking redressal of her grievance, as noted above. This application is, accordingly, disposed of with liberty to the petitioner to approach appropriate/statutory authority raising the grievance as raised in the present writ application.

If the petitioner does so by making an application within four weeks from today, this Court expects that the concerned authority shall consider the petitioner's grievance on merit without raising any objection in respect of delay as the petitioner was pursuing her remedy before this Court by filing the present writ application.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U