Lakhindra Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16125 of 2019 ====================================================== Lakhindra Kumar Thakur aged about 26 years (Male), Son of Laxman Thakur Resident of Village and P.O.- Ibrahimpur Parsauni, P.S.- Fenhara, DistrictEast Champaran. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

2.

The Commissioner, Motihari Division, Motihari. 3.

The District Magistrate-cum- President District Selection Committee, East Champaran, Motihari.

4.

The S.D.O., Pakaridayal, East Champaran.

5.

The District Supply Officer, East Champaran, Motihari. 6.

The Assistant District Supply Officer, East Champaran, Motihari. 7.

Ram Prawesh Thakur (Male), son of Shivbalak Thakur Resident of VillageIbrahimpur Parsauni, P.S.- Fenhara, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priyanka Singh, Advocate For the Respondent/s :

Mr. U.P. Singh, A.C. to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-08-2019 Let the defect, as pointed out by office, be ignored.

Petitioner, in the present case, is seeking a writ of certiorari to cancel the licence of the Public Distribution System shop granted to respondent no. 7. A further prayer has been made to direct the Licensing Authority to grant the PDS licence to the petitioner in Bara Parsauni Panchayat, Ibrahim Parsauni village situated in the District of East Champaran.

Patna High Court CWJC No.16125 of 2019(2) dt.07-08-2019 2/3 It appears on perusal of the writ application that the petitioner has made an application on 31.12.2018 before the District Magistrate, East Champaran to ventilate his grievance with respect to the irregularities said to have been committed by the officers concerned in preparation of the select list for issuance of PDS shop/licence in the Pakridayal Sub-Division. A copy of the application filed by the petitioner has been enclosed as Annexure '9' to the writ application.

Learned counsel for the State submits that even otherwise under Rule 32 of the Bihar Targeted P.D.S. (Control) Order, 2016 (hereinafter referred to as the "Control Order, 2016") the Collector-cum-District Magistrate, East Champaran would be the competent authority to look into the grievance of the petitioner, consider the same and pass an appropriate order in accordance with law.

In the given facts and circumstances of the case following the consistent view of this court, District Magistrate, East Champaran (respondent no. 3) is hereby directed to look into the grievance of the petitioner as

Patna High Court CWJC No.16125 of 2019(2) dt.07-08-2019 3/3 contained in Annexure '9' to the writ application, consider the same after hearing all concern and pass an appropriate order thereon within a period of 90 days from the date of receipt/production of a copy of this order.

The writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U