Ravi Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24183 of 2019 ====================================================== Ravi Ranjan Kumar Son of Shri Shankar Choudhary, Resident of Village and P.O.-Salempur, P.S.-Rajepur, District-East Champaran (Motihari), ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.
3.
The Commissioner, Tirhut Division, Muzafarpur. 4.
The District Legal Selection Committee through its Chairman, the District Magistrate, East Champaran 5.
The District Magistrate, East Champaran.
6.
The District Supply Officer-Cum-Secretary, District Level Committee, East Champaran.
7.
The Sub-Divisional Officer, Chakia, District-Champaran. 8.
The Block Supply Officer, Mehshi, District-East Champaran. 9.
Krishna Kumar Paswan Son of Jagdish Paswan, Resident of Village and P.O.-Salempur, Panchayat-Mohammadpur, Ward No.11, P.S.-Rajepur, District-East Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijat For the Respondent/s :
Mr. S.Raz Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Patna High Court CWJC No.24183 of 2019 dt.20-10-2022 2/3 Date : 20-10-2022
1. Heard Mr. Amrit Abhijat, learned Advocate for the petitioner and Mr. Anisul Haque, for the State.
2. The petitioner has challenged the grant of licence to Respondent No. 9 on the ground that while making an application for being considered, Respondent No. 9 did not disclose that he already was a licensee under the Seeds (Control) Order, 1983 and in the inquiry which ensued, the aforesaid allegation was found to be correct. A copy of the inquiry report has also been annexed with the writ petition.
3. The counter affidavit merely indicates that the petitioner has an alternative remedy which he has not exhausted.
4. However, considering the nature of dispute, referred to above and in view of the notification dated 21.07.2022 issued by the Government of Bihar in exercise of the powers conferred under Sections 3 and 5 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that in the event of the petitioner making a suitable representation/complaint before the concerned Divisional
Patna High Court CWJC No.24183 of 2019 dt.20-10-2022 3/3 Commissioner within a period of 30 days, he shall look into the matter and after hearing all the stakeholders, including Respondent No. 9, shall pass a final order within a further period of 90 days, giving reasons in support of the decision taken by him.
5. With the aforesaid observation/direction, this writ petition stands disposed of.
(Ashutosh Kumar, J) ( Jitendra Kumar, J) skm/ashishkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.11.2022 Transmission Date N/A