Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12039 of 2023 ====================================================== Santosh Kumar, son of Basant Sharma, Resident of Village-Murauwatpur, Ward No. 10, P.O.-Marauwatpur, P.S.-Desari, District-Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Vaishali at Hajipur. 4.

The Sub-Divisional Officer, Mahnar, District-Vaishali. 5.

District Supply Officer, Vaishali.

6.

Block Supply Officer, Sahdei Bujurg, District-Vaishali. 7.

Block Supply Officer, Desari, District-Vaishali. 8.

Block Supply Officer, Mahnar, District-Vaishali. 9.

Assistant Supply Officer, Mahnar, District-Vaishali. 10.

Sushila Kumari, Wife of Ranjeet Kumar, resident of Village and P.O.- Murautpur, P.S.-Desari, District-Vaishali.

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

For the Petitioner/s :

Mr. Kameshwar Singh, Advocate.

For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 16-10-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "........ for issuance of an appropriate writ/writs, order/orders or direction to the respondent concerned to cancel the selection of respondent No. 10 whose name appeared in final merit list at Sl. No.5 and after counseling Respondent No.5 has been selected for grant of licence of Public Distribution System (Control) Shop against an Advertisement published under provision mentioned in letter No.1222/Khadya dated

Patna High Court CWJC No.12039 of 2023(2) dt.16-10-2023 2/3 08.03.2017 and letter No.1571/Khadya dated 28.03.2017 of Food and Civil Consumer Protection Department, Bihar, Patna and vide Resolution No.963 dated 20.01.2016 and letter No.2342 dated 15.02.2016 whereby and whereunder applications were invited for allotment of 40 shops of Public Distribution System under Mahnar Sub-division (Vaishali) and the respondent may be directed to select the petitioner, who is legally entitled to get licence as per terms and conditions laid down the Advertisement published in the year 2018".

3. Learned counsel appearing on behalf of the petitioner has stated that the petitioner has approached the Divisional Commissioner by way of complaint (Annexure - 4) ventilating his grievance against the selection of the Respondent No. 10.

4. Learned counsel has stated that even though the complaint was filed in the month of July 2023, the authority concerned has not disposed off the same.

5. Learned counsel appearing on behalf of the respondents has stated that he has no objection for directing the Commissioner, Tirhut Division, Muzaffarpur (Respondent No.

2) to dispose off the said complaint within a time bound period duly putting all the parties on notice.

6. Having regard to the above made submission, the present Writ Petition is disposed off with a direction to the Commissioner, Tirhut Division, Muzaffarpur (Respondent No.

2) to consider the complaint made by the petitioner and dispose

Patna High Court CWJC No.12039 of 2023(2) dt.16-10-2023 3/3 off the same strictly in accordance with law on its own merits.

7. It is needless to mention that before passing any order the Respondent No. 2 shall put the petitioner as well as the private respondent i.e. Respondent No. 10 herein on notice and give them an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the copy of this order. Any order passed shall be communicated to the party.

8. Accordingly, the present Writ Petition is disposed off to the extent indicated.

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