Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4007 of 2021 ====================================================== RAJENDRA SINGH Son of Late Kishuna Singh Resident of village and P.o.- Jagdishpur, P.s.- Bijaipur, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Public Distribution, Government of Bihar, Patna 2.

The Principal Secretary, Department of Food and Public Distribution, Government of Bihar, Patna 3.

The District Magistrate, Gopalganj 4.

The District Supply Officer, Gopalganj 5.

The License Officer cum Sub Divisional Officer, Hathua, Gopalganj 6.

The Sub Divisional Supply Officer, Hathua, Gopalganj 7.

The Block Development Officer, Vijaipur, Gopalganj 8.

Nutan Srivastava Wife of Ghanshyam Lal Srivastava, Resident of village and P.o.- Jagdishpur, P.s.- Bijaipur, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 20-12-2021 Petitioner has prayed for the following relief(s): "I. To issue writ of Mandamus for quashing the Letter bearing memo no. 677 dated 31.08.2020 Issued under the signature of respondent no. 3 by which he directed respondent authorities to act as per the decision taken in the selection committee meeting headed by him in which the name of persons are mentioned for issuing of PDS license, which includes the name of respondent no. 8 for Gram Panchayat Raj

Patna High Court CWJC No.4007 of 2021 dt.20-12-2021 2/3 Jagdishpur, Block Vijaipur, Gopalganj.

II. To issue other appropriate writ/ writs, order/ orders, direction/ directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

Learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the Divisional Commissioner, Saran to consider and decide the Appeal/Revision to be filed by the petitioner within a period of four weeks along with a copy of this order, within a period of four weeks from the date of its filing.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

Patna High Court CWJC No.4007 of 2021 dt.20-12-2021 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 22.12.2021 Transmission Date