Imteyaz Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16909 of 2021 ====================================================== Imteyaz Ashraf son of Moin Ashraf resident of Village- Shahpur, BlockPupri, P.S.- Pupri, Distt. Sitamarhi. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Sitamarhi.

3.

The District Supply Officer, Sitamarhi.

4.

The Sub Divisional Officer, Block- Pupri, Sitamarhi. 5.

The Block Supply Officer, Block- Pupri, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa Mr. Tarique Shamim Mr. Abu Nasar For the Respondent/s :

Mr. Alok Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 22-09-2022 Interlocutory Application No. 1/2022 .

After hearing Mr. Sanjeev Kumar, the learned counsel for the proposed intervenor/respondent, we allow his application and permit him to be impleaded as respondent no. 6, for which necessary correction shall be carried out in cause title by the registry within a period of two days.

Interlocutory Application No. 01/2022 stands

Patna High Court CWJC No.16909 of 2021(5) dt.22-09-2022 2/3 allowed.

C.W.J.C. No. 16909 of 2021 The petitioner was granted license initially but later, on a complaint by the intervenor /respondent no. 6, the District Magistrate, Sitamarhi cancelled the license of the petitioner.

The contention of the intervenor/respondent is that he was wrongly placed at sl. no. 2, whereas the petitioner was kept at sl no. 1, even though his candidature was much better than that of the petitioner as he possesses computer knowledge also and the fact that four of the relatives of the petitioner own and possess flour mills, was not disclosed by the petitioner. Be that as it may, since the dispute is with respect to selection of the licensee under the PDS scheme so in view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955 read with Clause -36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that

Patna High Court CWJC No.16909 of 2021(5) dt.22-09-2022 3/3 in the event of the petitioner making a suitable representation / complaint before the concerned Divisional Commissioner within a period of 15 days, he shall look into the matter and after hearing all the stakeholders, including intervenor/respondent no. 6, shall pass a final order within a further period of 60 days, giving reasons in support of the decision taken by him.

The order so passed by the authority shall be made available to the petitioner as well as intervenor /respondent no. 6 forthwith.

The order passed by the District Magistrate, Sitahmarhi, which has been impugned in the present petition, is set aside.

The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) ( Jitendra Kumar, J) sunilkumar/- U