Anisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16966 of 2022 ====================================================== Anisha Kumari Wife of Shivkant Mishra, Resident of Village - Mahthaur, P.O. Putai, P.S. Manigachhi, District- Darbhanga ... Petitioner

Versus

1.

The State of Bihar 2.

The District Magistrate cum the Chairman of District Selection Committee, Darbhanga.

3.

The District Supply Officer, Sadar, Darbhanga. 4.

The Sub-Divisional Officer, Sadar, Darbhanga. 5.

The Block Supply Officer, Tardih, Darbhanga.

6.

Sunita Kumari, Wife of Sri Deepak Yadav, Resident of Village- Mahthaur, P.O. Putai, P.S. Manigachhi, District - Darbhanga. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar Shrivastava, Adv.

For the Respondents :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-05-2025 Heard the parties.

2. The present writ petition has been filed for the following relief(s) :

"............... for issuance of an appropriate writ/ writs, order/ orders, direction/ directions to concern authorities specially the Respondent no.2 for final adjudication of the P.D.S. Appeal No. 104 of 2022 filed on behalf of the petitioner and further directed the respondent no.2 to set aside the order/ decision of District Selection Committee, Darbhanga contained in Memo No. 399 dated 08.03.2022 relating to village Panchayat Mahthaur, Block Tardih within the District of Darbhanga and further direction to cancel the P.D.S. License of Respondent no.6 and other relief/ reliefs for which the petitioner is legally entitled to in

Patna High Court CWJC No.16966 of 2022(4) dt.06-05-2025 2/3 view of the facts and circumstances of the case."

3. Even though the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to go into the same as the petitioner has an alternative and efficacious remedy of filing a complaint before the Divisional Commissioner.

4. Learned counsel appearing on behalf of the respondents states that as per the amendment order Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022, the Divisional Commissioner is the competent authority for disposing off any complaint or representation made by an aggrieved party.

5. Without going into the merits or demerits of the case, having regard to the fact that the petitioner has a remedy of filing a complaint before the Divisional Commission as per the amendment made vide notification dated 21.07.2022 under Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022. The petitioner is directed to approach the Divisional Commissioner ventilating his grievance against a selection of the Respondent No. 6 as a PDS dealer within a period of four weeks from the date of receipt of a copy of this order. On receipt of the complaint, the Divisional Commissioner

Patna High Court CWJC No.16966 of 2022(4) dt.06-05-2025 3/3 shall pass orders strictly in accordance with law within a period of eight weeks thereof. It is needless to mention that before passing any order, all the parties shall be put on notice and given an opportunity of hearing, besides submitting their objections. Any order passed shall be communicated to the parties.

6. With the above direction, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Shamshad/- U