Shivendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19275 of 2019 ====================================================== Shivendra Kumar Son of Lakshmi Gupta resident of Village- Sattar, P.S. Bihar, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary, Law Department, Bihar, Patna. 4.

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

5.

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

6.

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

7.

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

8.

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

9.

Divisional Commissioner, Koshi Division, Saharsa. 10.

District Magistrate, Saharsa.

11.

Sub- Divisional Officer, Sadar, Saharsa.

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

For the Petitioner/s :

Dr. Pankaj, Advocate Mr. Deepak Kumar, Advocate For the Respondent/s :

Mr.S. Raza Ahmad ( AAG5) Mr. Vishwambhar Pd., AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 18-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Patna High Court CWJC No.19275 of 2019 dt.18-09-2019 2/3 Allegation has been made in the present application that the authorities are not following the proper procedure as enshrined in the Targeted Public Distribution System (Control) Order, 2015 for allotment of P.D.S. Shop, as has been submitted that one Bibha Devi on the basis of forged certificate has obtained the P.D.S.

Shop in her favour, at the same time, the same lady changed her name has also contested the Panchayat Election as well as has also applied for the post of Anganwari Sevika and specifically the allegation has been made against Bibha Devi that she always changed her name as Nisha Devi, Bibha Devi, Nibha Devi and trying to get the benefit under the different schemes of the Government and it has been alleged that Bibha Devi has obtained a forged matriculation certificate from Bihar Sanskrit Shiksha Board and on that basis the PDS Shop has been given to her and also pointed out other anomalies in the manner of allotting shop in her area.

In that view of the matter, let the petitioner file a detailed application before the District Magistrate, Saharsa pointing out anomalies being committed in the matter of allotment of the shop under Public Distribution System.

Patna High Court CWJC No.19275 of 2019 dt.18-09-2019 3/3 accordance with law within a period of five months from the date of filing of such application by the petitioner. With the aforesaid observations and directions, this writ application stands disposed of.

(Shivaji Pandey, J) ( Partha Sarthy, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 21.09.2019 Transmission Date N.A.