Md. Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21000 of 2021 ====================================================== Md. Ashraf son of Md. Suleman, resident of Village-Churaman Chak, P.S.- Bhagwanpur, Dist-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

2.

The District Magistrate, Begusarai.

3.

The District Supply Officer, Begusarai.

4.

The Sub-Divisional Officer cum Public grievance redressal Officer, Teghra at Begusarai.

5.

The Block Supply Officer, Teghra at Begusarai. 6.

The Asst. District Supply Officer, Teghra at Begusarai. 7.

Raja Ram Rai P.D.S. Dealer License no. 25/16 Gram Panchayat Lakhanpur Block Bhagwanpur, P.S.-Bhagwanpur, Dist-Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC 4 ====================================================== 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 : 14-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- "That this writ application is being filed in nature of mandamus directing to the respondents concern to take a suitable action against the private respondent being as a P.D.S. dealer who was found irregularities in distribution of Grain among the people and also found the irregularities/illegal act by the respondent no.6 despite that the licensing authorities have sited tight over the matter consequently the poor people are suffering a lot.

2/4 And/or pass such any order/s, writs/writ directions/direction for which the petitioner is found to be entitled in the facts and circumstances of this case."

After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned, respondent no.4, the Sub-Divisional Officer cum Public grievance redressal Officer, Teghra at Begusarai to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a

3/4 representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) 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; (f) Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode,

4/4 unless the parties otherwise mutually agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.02.2022 Transmission Date NA