Patna High CourtCWJC/7907/2018allowed

Bushra Yasmin v. The State Of Bihar And ORS

2018-10-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7907 of 2018 ====================================================== Bushra Yasmin W/o Md. Anwar Alam R/o Village-Supaul Bazar, Near Eidgaah, P.S. - Biroul, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

3. The District Magistrate, Darbhanga.

4. The District Supply Officer, Darbhanga.

5. The Sub-Divisional Officer, Biraul Sub-Division, Darbhanga.

6. The L.N. Mithila University through its Registrar, Kameshwarnagar, Darbhanga.

7. The Controller of Examination, L.N.

Mithila University, Kameshwarnagar, Darbhanga.

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

For the Petitioner/s : Mr. Shailesh Kumar For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-10-2018 The respondent University has filed a counter affidavit and in paragraph no. 7 it has been stated that the marks sheet issued by the University to the petitioner herein is not forged, rather the signature/seal of the Controller of Examination was left out inadvertently on account of oversight.

In view of the very genesis of not considering the case of the petitioner for the purposes of allotment of Public Distribution System license having dissipated, the Sub-Divisional Officer, Biraul is required to consider the case of the petitioner for

Patna High Court CWJC No.7907 of 2018 (2) dt.11-10-2018 2/2 grant of P.D.S. license as far as the Fair Price Dealership at Supaul Gram Panchyat is concerned.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with a direction to the respondent no. 5 i.e. the Sub-Divisional Officer, Biraul to consider the case of the petitioner for grant of Fair Price Dealership at Supaul Gram Panchayat by treating the petitioner's marks sheet to be genuine. The said consideration should be made within a period of four weeks from the date of receipt/production of a copy of the present order by the petitioner herein and appropriate orders shall be passed within the same time frame. The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U