Amarjit Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19864 of 2018 ====================================================== 1.

Amarjit Singh and Anr Son of Abhimanyu Singh, resident of VillageKekada, P.S.- Chand, District- Kaimur, Bhabhu. 2.

Krishna Kumar Patel, Son of Dulare Singh, resident of Village- Bagachhara, P.S. Chand, District- Kaimur, Bhabhua.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Kaimur, Bhabhua.

5.

The Sub Divisional Officer, Kaimur.

6.

The Block Supply Officer, Rampur.

7.

Shiv Shankar Bind, Son of Shiv Narayan Bind, resident of Village- Ichaon, P.S.- Chand, District- Kaimur, Bhabua.

8.

Vijay Narayan Singh, Son of Late Ram Nawami Singh, Resident of VillageBagachhara, P.S.- Chand, District- Kaimur, Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Saket Tiwary, Adv.

Mr. Kumar Rajdeep , Adv.

For the Respondent/s :

Mr.S.Raza Ahmad -AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 20-12-2022 Heard Mr. N.K. Agrawal, learned Senior

Patna High Court CWJC No.19864 of 2018 dt.20-12-2022 2/3 Advocate for the petitioners.

The petitioners have challenged the grant of licence to respondent Nos. 7 and 8 on the ground that they have better claim for being considered for grant of licence.

Regard being had to the nature of controversy raised by the petitioners, and in view of the notification dated 21.07.2022, issued by the government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955, read with Clause-36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that if a suitable complaint/representation is made within a period of 30 days before the Commissioner of the Division, he shall look into the matter and after hearing all the stakeholders, including respondent Nos. 7 and 8, shall pass a final order within a further period of 60 days, giving reason in support of the decision taken by him. The order so passed by the authority shall be made

Patna High Court CWJC No.19864 of 2018 dt.20-12-2022 3/3 available to the petitioners as well as respondent Nos. 7 and 8 forthwith.

We have specifically asked respondent Nos. 7 and 8 to be heard by the concerned authority as the present order is being passed in their absence. The writ petition stands disposed of accordingly. (Ashutosh Kumar, J) (Nawneet Kumar Pandey, J) SONALI/- AFR/NAFR NAFR CAV DATE NA Uploading Date

21. 12.2022 Transmission Date NA