Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18916 of 2019 ====================================================== Kailash Paswan S/o Sita Ram Paswan Resident of Village Berae, P.S. Hathauri, Dist-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, through its Chairman, District Magistrate, Muzaffarpur 8.

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

Sri Chandan Ram S/o Sri Krishnadev Ram Resident of Village and Post Berai South, Block-Katra, Dist.Muzaffarpur 10.

Sri Ranjit Kumar S/o Sri Jaikaran Rai Resident of Village and Post Berai, Block-Katra, Dist.Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeet Kumar For the Respondent/s :

Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 02-02-2023 After some arguments, Mr. Sanjeet Kumar, the learned Advocate for the petitioner seeks permission to

Patna High Court CWJC No.18916 of 2019(2) dt.02-02-2023 2/3 withdraw this application in order to enable the petitioner to file a suitable representation / complaint before the concerned Divisional Commissioner.

The petition is permitted to be withdrawn with observation that in case the petitioner files a suitable representation / complaint before the concerned Divisional Commissioner in view of the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 order within a further period of 60 days, giving reasons in support of the decision taken by him.

The order so passed by the authority shall be made available to the petitioner forthwith.

We have specifically asked the respondent nos. 9

Patna High Court CWJC No.18916 of 2019(2) dt.02-02-2023 3/3 and 10 to be heard by the Divisional Commissioner as the present order is being passed in their absence. The writ petition stands disposed of accordingly (Ashutosh Kumar, J) ( Satyavrat Verma, J) sharun/sunilU