Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16513 of 2019 ====================================================== Soni Devi, aged about 29 years, female, W/o Binod Kumar Choubey, Resident of Village- Barhaman Toli, Gogri P.S.- Gogri, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Munger.

3.

The Collector-cum-District Magistrate, Khagaria. 4.

The District Officer-cum-Chairman, District Selection Committee, Khagaria. 5.

The Sub-Divisional Officer (S.D.O.), Gogri.

6.

The District Supply Officer, Khagaria.

7.

The Block Supply Officer, Khagaria.

8.

Sri Vikram Kumar, Son of Parmod Chandra Upadhayay ,Resident of Village and P.O. and P.S.- Gogri, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Najmul Hodda, Adv.

For the State :

Md. Anisul Haque, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 07-02-2023 Heard Md. Najmul Hodda, the learned Advocate for the petitioner and Mr. Anisul Haque, the

Patna High Court CWJC No.16513 of 2019 dt.07-02-2023 2/3 learned counsel for the State.

2. In view of the nature of controversy raised by the petitioner and in view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955 read with Clause - 36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that in the event of the petitioner making a suitable complaint/representation before the concerned Divisional Commissioner within a period of 30 days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including respondent No. 8, shall pass a final order within a further period of 60 days, giving reasons in support of the decision taken by him.

3. The order so passed by the Divisional Commissioner shall be made available to the petitioner as well as respondent No. 8 forthwith.

4. We have specifically asked for respondent

Patna High Court CWJC No.16513 of 2019 dt.07-02-2023 3/3 No. 8 to be heard by the Divisional Commissioner as the present order is being passed in his absence.

5. The writ petition stands disposed of accordingly.

(Ashutosh Kumar, J) (Satyavrat Verma, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 09-02-2023 Transmission Date N/A