Gulab Sah, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18332 of 2019 ====================================================== Gulab Sah, aged about 72 years, male, Son of Late Fudeni Sah, Resident of Village - Manki, Police Station - Hathauri, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur.

5.

The Sub-Divisional Magistrate (East), Muzaffarpur. 6.

The District Supply Officer, Muzaffarpur.

7.

The District Level Selection Committee, Muzaffarpur. 8.

Sub-Divisional Officer-Cum-Licensing Authority, East Muzaffarpur. 9.

Sri Chandan Ram, male, Son of Sri Krishnadev Ram, Resident of Village and Post- Berai South, Block- Katra, District- Muzaffarpur. 10.

Sri Ranjit Kumar, male, Son of Sri Jaikaran Rai, Resident of Village and Post- Berai, Block - Katra, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the State :

Md. Anisul Haque, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Patna High Court CWJC No.18332 of 2019 dt.07-02-2023 2/3 Date : 07-02-2023 Heard the learned counsel for the parties.

2. After some arguments, Mr. Vijay Anand, the learned Advocate for the petitioner seeks permission to withdraw this petition in order to enable the petitioner to file a suitable representation/complaint before the concerned Divisional Commissioner.

3. The petition is permitted to be withdrawn with observation that in case the petitioner files a suitable representation/complaint before the concerned Divisional Commissioner in view of the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955 read with Clause - 36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, within a period of 30 days, the same shall be looked into and after hearing all the stakeholders including respondent Nos. 9 and 10, the concerned Divisional Commissioner shall pass a final

Patna High Court CWJC No.18332 of 2019 dt.07-02-2023 3/3 order within a further period of 60 days, giving reasons in support of the decision taken by him.

4. The order passed by the Divisional Commissioner shall be made available to the petitioner as well as respondent Nos. 9 and 10 forthwith.

5. We have specifically asked for respondent Nos. 9 and 10 to be heard by the Divisional Commissioner as the present order is being passed in their absence.

6. The writ petition stands disposed of accordingly.

(Ashutosh Kumar, J) (Satyavrat Verma, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 09-02-2023 Transmission Date N/A