Mamta Devi @ Mamata Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16364 of 2019 ====================================================== Mamta Devi @ Mamata Kumari Wife of Indal Paswan, Resident of VillageSimri Bela, Block- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

The Additional Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The Joint Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

4.

The Collector cum District Magistrate, Khagaria. 5.

The District Officer cum Chairman District Selection Committee, Khagaria. 6.

The District Supply Officer, Khagaria.

7.

The Block Supply Officer, Khagaria, District Khagaria. 8.

The Sub-Divisional Officer (SDO), Khagaria, District- Khagaria. 9.

The Block Development Officer (BDO), Khagarai, District- Khagaria. 10.

Reena Kumari, W/o of Rajiv Paswan, Resident of Village- Simri Bela, Block- Khagaria, District- Khagaria.

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

For the Petitioner/s :

Mr. Md. Nazmul Hoda, Adv.

For the State :

Mr. S. Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 07-02-2023 Mr. Md. Nazmul Hoda, learned advocate for the petitioner, after some arguments seeks permission to withdraw this application in order to agitate her cause

Patna High Court CWJC No.16364 of 2019 dt.07-02-2023 2/3 before the Divisional Commissioner 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.

The petition is dismissed as withdrawn with a liberty that if a suitable representation/complaint is filed by the petitioner before the concerned Divisional Commissioner within a period of 30 days,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. 10, shall pass a final order within a further period of 60 days thereafter, giving reasons in support of the decision taken by him.

The order so passed by the authority shall be made available to the petitioner as well as the Respondent No. 10.

We have specifically asked Respondent No. 10

Patna High Court CWJC No.16364 of 2019 dt.07-02-2023 3/3 to be heard by the Divisional Commissioner as the present order is being passed in her absence. (Ashutosh Kumar, J) ( Satyavrat Verma, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2023 Transmission Date