Sushma Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1459 of 2023 ====================================================== Sushma Kumari Wife of Dilip Kumar, resident of Village - Kharaundh, Panchayat - Dhirondha, Post - Sherpur, P.S. - Sirdala, District - Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Special Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. 2.

The Additional Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Nawada. 4.

The Sub Divisional Officer, Rajauli, Nawada.

5.

The District Food Supply Officer, Nawada.

6.

The District Marketing Officer, Nawada.

7.

The Block Marketing Officer, Nawada.

8.

Vikash Kumar Son of Bhola Lal Varnwal, resident of Village- Nababganj, P.S. - Sirdala, District - Nawada.

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 06-11-2023 Learned counsel for the petitioner stated that the petitioner has already approached the Commissioner by way of revision against the order of selection of the Respondent No. 8 as a PDS dealer.

Learned counsel appearing on behalf of the official respondent has stated that as per the Bihar Targeted Public Distribution System (Control) Second Amendment Order, 2022 dated 21.07.2022, the Divisional Commissioner is a competent authority that in case the petitioner has any complaint

Patna High Court CWJC No.1459 of 2023(9) dt.06-11-2023 2/2 against the selection or the final merit list published by the District level selection committee, he can file a complaint before the Divisional Commissioner and the same shall be dealt in accordance with law.

Having regard to the above mentioned facts without going into the merits or demerits of the case, the revision filed before the Commissioner may be treated as a complaint by the Divisional Commissioner and the same shall be considered on its own merits by the Divisional Commissioner within a period of four weeks from the date of receipt of the copy of this order. It is needless to mention that before passing any orders, the petitioner as well as the Respondent No. 8 shall be put on notice and given an opportunity of hearing. Any order passed shall be communicated to the parties.

With the above directions, the present writ petition stands disposed of.

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