Subodh Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.483 of 2017 =========================================================== Subodh Rajak, Son of Sri Buddhinath Rajak, Resident of Village and PostNadlalpur, P.S.-Kahalgaun, District-Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna

2. The District Magistrate, Bhagalpur, District-Bhagalpur

3. The Sub-Divisional Officer, Kahalgaun, District-Bhagalpur

4. Sri Rakesh Ranjan, P.D.S. dealer of Gram Panchayat Sadanandpur Baisa, P.S.- Kahalgaun, District-Bhagalpur

5. The Block Supply Officer, Kahalgaun, District-Bhagalpur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate For the Respondents : Mr. Upendra Pratap Singh, AC to SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-05-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order contained in Memo No. 961 dated 28.11.2016 passed by the Sub-Divisional Officer, Kahalgaun (Annexure-1) whereby and whereunder consumers of one P.D.S. dealer Late Gurudeo Ram of Gram Panchayat Nandlalpur has been tagged with another P.D.S. dealer, namely, Rakesh Ranjan of Gram Panchayat Sadanandpur Baisa and for further direction to the respondents to tag consumers of Late Gurudeo Ram with the petitioner's P.D.S. shop.

3. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner's representation (Annexure-

Patna High Court CWJC No.483 of 2017 dt.01-05-2018 2/2 3 to the supplementary affidavit) filed before the Sub-Divisional Officer, Kahalgaun, Bhagalpur (Respondent No. 3) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Sub-Divisional Officer, Kahalgaun, Bhagalpur (Respondent No. 3) to consider and dispose of the petitioner's representation (Annexure-3), if the same is still pending before him, after grant of opportunity of hearing to the petitioner in accordance with law, expeditiously, and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.05.2018 Transmission Date N.A.