Chinta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17147 of 2022 ====================================================== Chinta Kumari daughter of Nand Kumar Ram, resident of Village- Pandey Dehariyan, Police Station- Mohania, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Food and Civil Supply, Government of Bihar, Patna.

3.

The District Magistrate, Kaimur at Bhabua.

4.

The Sub- Divisional Magistrate, Kaimur.

5.

The Sub- Divisional Magistrate, Mohania, Kaimur. 6.

The District Supply Officer, Kaimur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Nandan Sahay For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 05-12-2023 Learned counsel for the petitioner has stated that even though the petitioner has given several representations to the District Magistrate for increasing the number of fair price shops in the SC/ST quota proportionate to the population of the SC/ST in the District of Kaimur, the authorities have not taken any action on the same. Learned counsel has further stated that the authorities may be directed to pass necessary orders on the representation of the petitioner.

2. Per contra, learned counsel appearing on behalf of the respondents has stated that the District Magistrate does not have the power to increase the number of fair price shops and it

Patna High Court CWJC No.17147 of 2022(3) dt.05-12-2023 2/2 is only the Principal Secretary, Food & Civil Supply (Respondent No. 2) who has the necessary powers to increase the quota of SC/ST. Learned counsel has stated that if the petitioner makes a representation to the Principal Secretary, Food & Civil Supply, the Principal Secretary, Food & Civil Supply, he may be directed to pass necessary orders on merits strictly in accordance with law.

3. Having regard to the above made submissions, the present writ petition is disposed off granting liberty to the petitioner to make a representation to the Principal Secretary, Food & Civil Supply (Respondent No. 2) ventilating his grievance within a period of four weeks from the date of receipt of a copy of this order. On such representation being made, the Principal Secretary, Food & Civil Supply (Respondent No. 2) shall consider the same and pass necessary orders in accordance with law within a period of eight weeks thereof.

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

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