Raj Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20211 of 2018 ====================================================== Raj Kumar Gupta Son of Rajdeo Sah Resident of Village-Parsauni Baij, P.S. Piprahi, Distt.-Sheohar ... ... Petitioner/s

Versus

1.

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

The Chairman, District Level Selection Committee, Distt-Sheohar 3.

The Collector-cum-District Magistrate, Sheohar 4.

The District Supply Officer, Sheohar 5.

The Sub Divisional Officer, Sheohar 6.

The Block Supply Officer, Piprahi, Sheohar 7.

Laxmi Narayan Sah S/o Bigu Sah Resident of Village-Parsauni Baij, P.S. Piprahi, Distt.-Sheohar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 with Mr. Alok Ranjan and Mr. Md. Kamil Akhtar ACs to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned AC to AAG 5 for the State.

2. The petitioner has moved the Court for the following relief:

"That the present writ application is being filed on behalf of the sole petitioner above named for quashing the selection of respondent no. 7 as PDS dealer for Parsauni Baij Panchayat under Extreme Backward Class of Sheohar Sub Division whose

Patna High Court CWJC No.20211 of 2018(2) dt.27-05-2019 2/3 name stands at Serial No. 01 of the Selection Committee list issued by District Supply Officer, Sheohar and further be pleased to direct the authorities to appoint the petitioner as PDS delaer in Parsauni Baij Panchayat under Extreme Backward Class in the Sub Division of Sheohar because the petitioner is at Serial No. 01 in the merit list and candidature of petitioner has been rejected only on technical ground that he annexed his college leaving certificate in which the date of admission in college in Intermediate Arts has been mentioned prior to the issuance of School Leave Certificate and Marksheet of Madhyama and the District Level Selection Committee selected the name of respondent No. 7 for the PDS license and be further pleased to direct the respondent concern to produce the PDS license of the respondent No. 7 and quash the same because the petitioner is not able to produced the copy of PDS license issued to the respondent No. 7."

3. The petitioner was an applicant for being appointed as a Dealer under the Public Distribution System in Parsauni Baij Panchayat under the Extremely Backward Class category in Sheohar Sub Division of district Sheohar.

4. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application with liberty to move before the Appellate Authority

Patna High Court CWJC No.20211 of 2018(2) dt.27-05-2019 3/3 under the Bihar Targeted Public Distribution System (Control) Order, 2016.

5. In view thereof, the writ petition stands disposed off as withdrawn, with liberty aforesaid.

6. If an appeal is preferred by the petitioner, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order. (Ahsanuddin Amanullah, J) Anjani/- U