Patna High Court
Rambha Kumari vs The State Of Bihar on 26 August, 2022
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6211 of 2022
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Rambha Kumari, W/o Binod Kumar Yadav, R/o Village - Malmal (North),
P.S. - Kaluahi, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Secretary, Department of Food and
Consumer Protection Department, Government of Bihar, Patna.
2. The District Magistrate - Cum - Collector, Madhubani.
3. The Sub-Divisional Officer, (Supply) Sadar, Madhubani.
4. Assistant District Supply Officer, Sadar, Madhubani.
5. Block Development Officer, Kaluahi, Madhubani.
6. Rubi Kumari, W/o Sadhu Sharan Yadav, R/o Village - Naraila, P.S. -
Kaluahi, District - Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 26-08-2022 Heard Mr. Bimal Kumar, learned Advocate for the petitioner and Mr. Upendra Pratap Singh for the State.
The petitioner raises a grievance that he has wrongly been excluded from consideration for being granted license under the PDS system which has wrongly been granted to private respondent no. 6, notwithstanding the fact that she is in Government service.
It is the contention of the petitioner that such complaint by the petitioner before the concerned authority fell Patna High Court CWJC No.6211 of 2022 dt.26-08-2022 2/2 on deaf ears. As such, it has been pleaded that the grant of license to private respondent no. 6 is not sustainable in the eyes of law.
Under the aforesaid circumstances, we direct the petitioner to make a suitable representation/complaint before the Divisional Commissioner within a period of thirty days, who, after noticing the private respondent no. 6 and taking into account all necessary facts shall pass a final order within the next ninety days giving reasons in support of his decision.
We have specifically directed for giving a hearing to the private respondent no. 6 for the reason that this petition has been disposed of in her absence.
With the aforenoted direction/observation, the writ petition stands disposed of.
(Ashutosh Kumar, J) ( Jitendra Kumar, J) krishna/-
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