Hare Ram Kewat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22595 of 2018 ====================================================== Hare Ram Kewat, Son of Kashi Lal Kewat, Resident of Village- Yogia Tola, Post Office- Ragheli, Police Station- Dandkhora, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

The District Magistrate-cum-President, District Selection Committee, Katihar.

3.

The District Supply Officer-cum-Secretary, District Selection Committee, Katihar.

4.

The District Co-operative Officer-Cum-Member, District Selection Committee, Katihar.

5.

The Sub- Divisional Officer-Cum-Member, District Selection Committee, Katihar.

6.

The District Programme Officer-cum-in-Charge Mid Day Meal Programme, Katihar.

Respondents 1st Party 7.

Ramdeo Shekhar, Son of Late Fatkan Mandal, Resident of Village- Bhelai, Post Office Ragheli, Police Station- Dandkhora, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner in this case is seeking to challenge the license granted under Public Distribution System to the private respondent in Bhamraili Gram Panchayat under Dandkhora Prakhand vide Resolution No. 19 of 2018 by the District Selection Committee, Katihar.

Patna High Court CWJC No.22595 of 2018(3) dt.27-07-2019 2/2 Learned counsel for the petitioner has argued the matter for some time, however, finding that he has an alternative remedy to pursue the matter before the District Magistrate, Katihar where the facts may be adjudicated, learned counsel for the petitioner submits that he may be permitted to file an appropriate appeal before the District Magistrate, Katihar. Learned counsel for the State has no objection to the same.

In the given circumstances of the case, the writ application is disposed of with liberty to the petitioner to file an appropriate appeal in terms of Clause 32 of the Bihar Targeted P.D.S. (Control) Order, 2016 within a period of 30 days from today.

In case an appeal is preferred by the petitioner within the prescribed period, the same shall be considered on its own merit and will be disposed of by a reasoned order within the statutory period.

In case any question of limitation arises, the same shall be considered keeping in mind that the petitioner was perusing his remedy before this Court.

(Rajeev Ranjan Prasad, J) avin/- U