Shashiranjan Prasad Chaurasia @ Shashi Ranjan Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11517 of 2023 ====================================================== Shashiranjan Prasad Chaurasia @ Shashi Ranjan Chaurasia S/o Mahendra Prasad Chaurasia Resident of Village and P.O.- Jamalabad, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The District Level Selection Committee for issuance of P.D.S. License, Muzaffarpur, presided by the District Magistrate, Muzaffarpur. 3.

The District Magistrate, Muzaffarpur.

4.

The Assistant District Supply Officer, Muzaffarpur. 5.

The Sub- Divisional Officer (East), Muzaffarpur. 6.

Sri Vibhu Ranjan, S/o Sri Rajeshwar Prasad Verma Resident of Village and P.O.- Jamalabad, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 12-10-2023 Heard the learned counsels for the parties.

The present writ petition has been filed for the following relief(s):- "I. For quashing the Memo No. 490 dated 11.03.2022 passed by the District Supply Officer, Muzaffarpur.

II. For direction to the respondents for grant to PDS License in favour of the petitioner, block Mushari, Panchayat-Jamalabad, Roaster No. 829 (unreserved).

III. For any other relief/reliefs as your Lordships may deem fit and proper in the

Patna High Court CWJC No.11517 of 2023(2) dt.12-10-2023 2/3 background of existing facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner states that the petitioner may be permitted to make a representation before the Divisional Commissioner concerned, and direction may be given to the Divisional Commissioner to pass appropriate orders on the representation of the petitioner.

4. Learned counsel appearing on behalf of the respondents states that as per the amendment order Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is competent authority for disposing of any complaint or representation made by an aggrieved party.

5. Without going into the merits or demerits of the case, having regard to the fact that the petitioner has a remedy of filing a complaint before the Divisional Commissioner as per the amendment made vide notification dated 21.07.2022 under Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of receipt of the order. On receipt of the complaint, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention

Patna High Court CWJC No.11517 of 2023(2) dt.12-10-2023 3/3 that before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and submit their objections. Any order passed shall be communicated to all the parties.

6. With the above said directions, the writ petition stand disposed off.

(A. Abhishek Reddy, J) Ayush/- U