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Patna High CourtCWJC/2409/2021disposed

Nishi Kumari @ Nishi Devi v. The State Of Bihar Through District Magistrate,

2022-01-18Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2409 of 2021 ====================================================== Nishi Kumari @ Nishi Devi wife of Dinesh Manjhi resident of Sareya Aktheyar, P.O. Dharm Parsa, P.S. Manjha, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Gopalganj. 2.

The S.D.O. Gopalganj.

3.

The District Selection Committee, Gopalganj.

4.

The B.D.O. Manjhagarh, Gopalganj.

5.

The C.O. Majhagarh, Gopalganj.

6.

Sandhya Devi wife of Brij Kishore Ram resident of village and P.O. - Dharm Parsa, P.S. Manjhagarh, District- Gopalganj.

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

For the Petitioner/s :

Mr Kunal Tiwary, Advocate For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 18-01-2022 This case has been taken up for online hearing through video-conference because of COVID 19 pandemic restrictions.

Heard learned counsel for the petitioner and the respondents.

The petitioner has raised grievance against grant of licence to run a shop under Bihar Targeted Public Distribution System (for brevity, BTPDS) (Control) Order, 2016 in favour of Respondent No 6. It is the petitioner's case that the petitioner

Patna High Court CWJC No.2409 of 2021(2) dt.18-01-2022 2/2 had better merit than Respondent No 6 for the purpose of grant of the licence.

The petitioner has remedy under the BTPDS Control Order before appropriate/statutory authority which the petitioner has not invoked.

This application is, thus, disposed of with a liberty to the petitioner to approach appropriate/statutory authority for redressal of her grievance.

If any such application is made within four weeks from today, the appropriate/statutory authority, without going into the question of delay, considering the fact that the petitioner was pursuing her remedy before this Court, shall decide the same on merit.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U