Radhe Shyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25281 of 2019 ====================================================== Radhe Shyam Singh, Son of Laxman Prasad Singh, resident of village Deorah Kala Khurd, P.S. - Kudra, District Kaimur.

... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Kaimur at Bhabua.

4.

The District Supply Officer, Mohania, District Kaimur. 5.

The Sub-Divisional Officer, Mohania, District Kaimur. 6.

The Block Supply Officer, Kudra, District Kaimur. 7.

Sunil Kumar Gupta, Son of Manik Chand Sah, Resident of Village- Lalapur, Panchayat Lalapur, P.S.- Kudra, District Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner is aggrieved by the decision of the respondents in not granting him the license to run the PDS shop and granting the same to privaterespondent no. 7. A representation appears to have been filed before the District Magistrate against the aforesaid non-

Patna High Court CWJC No.25281 of 2019(2) dt.17-12-2019 2/3 inclusion of the petitioner in the list of successful candidates, who were granted licenses.

Since the aforesaid representation remained pending before the District Magistrate, the petitioner was forced to come to this Court and this Court vide order dated 04.02.2019 passed in C.W.J.C. No. 1571 of 2019 directed the District Magistrate to dispose off the representation of the petitioner.

This Court presumes that such representation was filed by way of an appeal under rule 32 of the Bihar Targeted PDS Control Order, 2016.

The order impugned in the present petition is the order passed in such appeal rejecting the contentions of the petitioner.

After some arguments, Mr. Sanjay Kumar, learned counsel for the petitioner seeks permission to withdraw this petition in order to prefer a revision against the aforesaid order before the concerned Divisional Commissioner.

Patna High Court CWJC No.25281 of 2019(2) dt.17-12-2019 3/3 Should such a revision petition be filed within a period of four weeks, the same shall be entertained by him who shall dispose off the revision within a period of two months from the date of filing of such petition. Needless to state that the revisional authority shall look into the entire facts and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court.

Disposed off as withdrawn.

(Ashutosh Kumar, J) skm/- U