Vikram Kumar, v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3023 of 2021 ====================================================== Vikram Kumar, S/o Punydeo Prasad, R/o Mahuawa, P.O.-Damodarpur, P.S.- Baisaha, District-East Champaran.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Food and Civil Supply, Bihar, Patna. 3.

The District Magistrate, East Champaran.

4.

The District Supply Officer, East Champaran.

5.

The Sub-divisional Officer, Chakia, East Champaran. 6.

Sonu Kumar, S/o Paras Prasad, R/o Village-Mahuawa, P.S.-Pipra, DistrictEast Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 14-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(I). For quashing the order dated 13.12.2019 passed in case no. 58/2019, by which in a most arbitrary and illegal manner the respondent authorities have dismissed the claim of the petitioner for grant of license of Public Distribution System Shop and selected respondent no.6 for grant of fresh PDS (public distribution system license) license in Chakia Sub Division, in place of petitioiner who fulfills

Patna High Court CWJC No.3023 of 2021 dt.14-12-2021 2/3 all requisite criteria for grant of PDS License as he has score more marks in matric than that of respondent no.6, which is the qualification prescribed for grant of fresh PDS license.

(II) Further for direction to the respondents to grant PDS license to the petitioner as he is suitable candidate possessing requisite qualification as per statutes, for grant of PDS license.

III. For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case."

Before us, it is not in dispute that petitioner has got an equally alternate efficacious remedy of appeal/revision as provided under the provision of the standing order. After some argument, learned counsel for the petitioner does not want to press the present petition reserving liberty to prefer an appeal/revision with a direction for the same to be disposed of expeditiously.

As such, as prayed for, present petition is disposed of in the following mutually agreeable terms:- (a) Petitioner is permitted to prefer an appeal/revision within a period of two weeks from today;

(b) The appropriate authority shall consider and decide the same on its own merit expeditiously by assigning reasons

Patna High Court CWJC No.3023 of 2021 dt.14-12-2021 3/3 within two months thereafter, copy whereof shall be supplied to the petitioner; and (c) We have not expressed any opinion on merits. All issues are left open.

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/sujit AFR/NAFR CAV DATE Uploading Date 16.12.2021 Transmission Date