Kala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19779 of 2021 ====================================================== Kala Kumari, Chairman, Kamal Jivika Mahila Gram Sangathan, Swayan Sahayata Samuh, Wife of Chandeshwar Das, Resident of Village - Parmanandpur, P.O. - Srirampur, P.S. - Ashok Paper Mill, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

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

The District Magistrate Cum Chairman, District Selection Committee, Darbhanga, District- Darbhanga.

3.

The Sub - Divisional Officer, Sadar, Darbhanga. 4.

Avinash Kumar Chaudhari Son of Harendra Chaudhary Resident of Village and P.O. - Srirampur, P.S. - Ashok Paper Mill, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 02-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

Patna High Court CWJC No.19779 of 2021 dt.02-02-2022 2/2 Petitioner has approached this Court without exhausting the statutory remedy of appeal as provided under Clause 32 of Bihar Targeted Public Distribution System (Control) Order, 2016 against the order by which his application for grant of PDS licence has been rejected and on his place, private respondent no.4, namely, Avinash Kumar Chaudhary, has been granted P.D.S. licence.

Petitioner is granted liberty to avail the remedy of appeal against the impugned order by which his application for grant of PDS licence has been rejected by the District Selection Committee before the Divisional Commissioner, Darbhanga and if any such appeal is filed within 4 weeks then appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing.

With aforesaid direction, the writ petition stands disposed of.

(Sanjay Karol, CJ) Sanjay/- ( S. Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 03.02.2022 Transmission Date NA