Pradeep Kumar Sah @ Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16243 of 2019 ====================================================== Pradeep Kumar Sah @ Pradip Kumar Son of Achchhe Lal Sah, Resident of Village- Dhutauli Malpa Tola Tilakpur, Ward No. 18, Police StationChautham, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Khagaria.

3.

The Additional Collector, Khagaria.

4.

The District Supply Officer, Khagaria.

5.

The Sub-Divisional Officer, Khagaria.

6.

The District Co-operative Officer, Khagaria.

7.

The General Manager, District Industry Center, Khagaria. 8.

Vikash Kumar, Son of Om Prakash Sah, Resident of Dhutauli, Ward No. 19, Post Office- Dhutauli, Police Station- Chantham, District- Khagaria, Pin Code- 852101 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 23-11-2022 After some arguments, Mr. Shashi Dhar Jha, learned counsel for the petitioner agrees for referring the matter to the Divisional Commissioner, Khagaria for resolution of the dispute raised by the petitioner.

In view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under

Patna High Court CWJC No.16243 of 2019(2) dt.23-11-2022 2/2 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 representation/complaint before the concerned Divisional Commissioner within a period of 15 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 30 days, 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. 8. We have specifically asked Respondent No. 8 to be heard by the Divisional Commissioner as the present order is being passed in his absence.

With the aforesaid observation/direction, the petition stands disposed of.

(Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) rishi/- U