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Patna High CourtCWJC/15242/2021disposed

Manish Kumar v. The State Of Bihar Through The Director Food And Civil Supply Department,

2022-03-25Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15242 of 2021 ====================================================== Manish Kumar, S/o Uma Shankar Singh, Resident of Vill - Basawan Rai Tola P.S. - Piro Panchayat - Jitwara (Jangal Mahal) Dist- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The Commissioner, Patna Division, Patna Dist - Patna. 3.

The Collector, Bhojpur at Ara Dist - Bhojpur. 4.

The Sub Divisional Officer, Piro Dist- Bhojpur. 5.

The District Supply Officer, Bhojpur at Ara, Dist- Bhojpur. 6.

Ashok Kumar Pandit, S/o Rampravesh Pandit, Resident of Vill - Jitwara P.S. - Piro, Panchayat - Jitwara Dist- Bhojpur.

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Respondent/s :

Mr.S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 25-03-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

It is the petitioner's case that he had participated in the process of selection for grant of licence for running PDS shop for Jitawara Jangal Mahal Gram Panchayat in the district of Bhojpur. It is his case that though he was placed at the first position in the merit list prepared on the basis of selection process, ignoring his claim licence has been granted to

Patna High Court CWJC No.15242 of 2021(2) dt.25-03-2022 2/2 Respondent No.6.

Rule 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides a remedy of appeal before the Collector, which the petitioner claims to have invoked. Copy of the appeal/representation has been brought on record by way of Annexure 2 series to the writ application said to have been sent on 10.04.2021.

Considering the facts and circumstances of the case, this application is disposed of with an observation that let the petitioner's appeal, if received in the office of the Collector, Bhojpur, be disposed of within four weeks from the date of receipt/production of a copy of this order.

In case the appeal is found not to have been filed in the office of the Collector, Bhojpur, the petitioner shall be at liberty to file an appeal within four weeks from today, which shall be disposed of in accordance with law by the District Magistrate.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) PNM U