Punita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13759 of 2019 ====================================================== Punita Kumari, aged about 30 years, Female, Wife of Binod Kumar, Resident of village Bhaduar, Ward no. 6, Block Andhrathari, P.S. Rudrapur, District Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection, Govt. of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The District Supply Officer, Madhubani.

4.

The Sub Divisional Officer cum Licensing Authority, Jhanjharpur, District Madhubani.

5.

Imrana Khatoon, aged about 27 years, Female, Wife of Md. Hasim, Resident of village Harna, P.S. Rudrapur, District Madhubani. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Respondent/s :

Mr. AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

Learned counsel for the petitioner is aggrieved by the selection of the respondent no. 5 for grant of Public Distribution Shop License. Her grievance is that the husband of the respondent no. 5 is a teacher and has also a flour mill. Learned counsel for the State submits that these are matter of facts which may be examined by the District Magistrate if an appeal is preferred in accordance with the provisions of Bihar Targeted P.D.S. (Control) Order 2016.

Patna High Court CWJC No.13759 of 2019(2) dt.27-07-2019 2/2 Learned counsel for the petitioner submits that he may be permitted to file a statutory appeal within a period of 30 days from today.

In such circumstances, the writ application is being disposed of with liberty to petitioner to file an appeal within 30 days from today and if such an appeal is preferred within the prescribed period then the same shall be considered and disposed of after hearing all concerned within a period of 90 days from the date of filing of the appeal.

In case any question of limitation arises then the same shall be considered keeping in mind that the petitioner was pursuing her remedy before this Court under some bona fide belief.

(Rajeev Ranjan Prasad, J) avin/- U