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Patna High CourtCWJC/19657/2021disposed

Sanjeev Kumar v. The State Of Bihar

2022-02-01The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19657 of 2021 ====================================================== Sanjeev Kumar S/o Shree Ajay Prasad R/o Village Khajwati @ Atiya, P.S. Magadh University, Bodh Gaya, District Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Principal Secretary, Food and Consumer Protection, Bihar, Patna. 3.

The Principal Secretary, Food and Civil Supply, Bihar, Patna. 4.

The Director, Food and Consumer Protection, Bihar, Patna. 5.

The Director, Food and Civil Supply, Bihar, Patna. 6.

The Commissioner, Magadh Admission, Gaya.

7.

The District Magistrate, Gaya.

8.

The Additional Magistrate, Gaya.

9.

The District Supply Officer, Gaya.

10.

The District Co-operative Officer, Gaya.

11.

The Sub Divisional Officer, Sadar, Gaya.

12.

The Sub Divisional Officer, Nimchak, Gaya.

13.

The Block Development Officer, Bodh Gaya.

14.

The Circle Officer, Bodh Gaya.

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

For the Petitioner/s :

Mr.Madhukar Mishra, Adv For the Respondent/s :

Mr.S. Raza Ahmad ( AAG-5 ) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 01-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That, this application is being filed for direction upon respondents to allow/grant Public Distribution

Patna High Court CWJC No.19657 of 2021 dt.01-02-2022 2/3 System(PDS) dealer shop to the petitioner which vacant still now and to grant other relief/reliefs for which the petitioner is entitled."

After the matter was heard for some time, learned counsel for the petitioner, states that petitioner shall be content if a direction is issued to the authority concerned under Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 to consider and decide the Revision to be filed by the petitioner within a period of four weeks along with a copy of this order, within a period of two months 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.

Patna High Court CWJC No.19657 of 2021 dt.01-02-2022 3/3 We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, 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) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA