Ram Nath Kumar v. The State Of Bihar Through The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14508 of 2021 ====================================================== Ram Nath Kumar, aged about 28 Years, (Male) Son of Gurucharan Ram, Resident of Village - Banchhiaon, Police Station- Sandesh, District- Bhojpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.
2.
The Commissioner of Patna Commissionari, Patna. 3.
The District Magistrate, Bhojpur, Ara.
4.
The District Food and Supply Officer, Bhojpur, Ara. 5.
The Sub Divisional Magistrate, Sadar, Ara, Bhojpur. 6.
The Block Development Officer, Sandesh, Bhojpur. 7.
The Circle Officer, Sandesh, Bhojpur.
8.
The Block Food and Supply Officer, Sandesh, Bhojpur. 9.
Shashi Ranjan, Son of Ram Surat Ram Resident of Village - Maniachha, Police Station - Sandesh, District- Bhojpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Bhushan Singh, Advocate Mr. Ram Raj, Advocate For the Respondent/s :
Mr. S. Raza Ahmad (A.A.G. 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 19-01-2022 Petitioner has prayed for following relief(s): (i) For issuance of an appropriate writ/ order or direction to the Respondents for selection for Dealership of Public Distribution System (P.D.S.) (Jan Nitrous Pranari Shop) in Dihara Panchayat, Banchhion, Block-Sandesh, District-Bhojpur and
Patna High Court CWJC No.14508 of 2021 dt.19-01-2022 2/3 cancellation of wrongly and illegally selected Respondent No. 8 namely Shashi Ranjan who has lessor mark obtainer.
(ii) For issuance of an appropriate writ / writs, order/orders, direction/directions to the Respondents for also made high based inquired for illegal allotment of P.D.S. in above Panchayat and left over a genuine person like petitioner who has 53.04 % marks (S.C.) and Respondent No. 8 has only 49.06% (S.C.) in Intermediate.
(iii) For issuance of an appropriate writ/writs, order/orders, direction/directions to the Respondents as required of the time of hearing and may be other reliefs as sought of this judicature."
After the matter was heard for some time, learned counsel for the petitioner does not want to press the present petition reserving liberty to file appeal before the appropriate authority.
Prayer allowed.
He may do so within a period of four weeks.
Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period, limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing. We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.
Patna High Court CWJC No.14508 of 2021 dt.19-01-2022 3/3 We clarify that we have not expressed any opinion on facts and law. All issues are left open.
Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings. The present petition stands disposed of with the liberty aforesaid.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/chn/- AFR/NAFR CAV DATE Uploading Date 21.01.2022 Transmission Date