Patna High Court
Pinki Kumari vs The State Of Bihar on 15 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8568 of 2020
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Pinki Kumari Wife of Sri Jay Prakash Gupta Resident of Village- Nerthua,
P.O.- Pinjora, P.S.- Kako, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate-cum-Collector, Jehanabad.
3. The Sub-Divisional Officer, Jehanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Mahboob Ashraf, Advocate
For the Respondent/s : Mr.Upendra Pratap Singh, AC to SC 4
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 15-04-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents through video conference. Learned
counsel for the petitioner has filed an undertaking that all
defects pointed out by the stamp reporter shall be removed, and
compliance with the conditions of the notices of this Court with
regard to acceptance of e-filing shall be made, without delay
immediately upon resumption of normal physical functioning of
the Court, and in any event within one month thereof.
2. The writ petition has been filed for the following
reliefs as formulated by the petitioner -
"(i) to issue an appropriate
writ/order/direction in the nature of
Mandamus directing the respondents to
issue PDS license in favour of the
petitioner for village Nerthua, Gram
Panchayat Nerthua, Block-Kako, District
Patna High Court CWJC No.8568 of 2020 dt.15-04-2021
of Jehabanad forthwith as the petitioner
has fulfilled all the eligibility criteria and
the Selection Committee has also approved
her name for the PDS dealer.
(ii) To any other relief or reliefs for which
the petitioner is found to be entitled in the
facts and circumstances of the case."
3. Learned counsel for the petitioner submits that the
petitioner, having been placed at serial no.1 of the merit list and
according to the recommendation of the Block Supply Officer,
was selected by District Level Selection Committee, Jehanabad
for grant of PDS licence for village Nerthua, Gram Panchayat
Nerthua, Block Kako in the district of Jehanabad. However, the
respondents have still not issued the PDS licence in favour of
the petitioner. Accordingly, the petitioner has sought redressal
by approaching the District Magistrate through SDO, Jehanabad
with her two representations dated 07.01.2019 and 05.03.2019
respectively (Annexures 5 and 6).
4. Learned counsel for the respondent-State appears and
has been heard.
5. Having regard to the nature of the grievance of the
petitioner, this Court is of the view that the ends of justice shall
be met by directing the District Magistrate, Jehanabad to
consider and dispose of the petitioner's representations dated
Patna High Court CWJC No.8568 of 2020 dt.15-04-2021
07.01.2019 and 05.03.2019 respectively (Annexures-5 and 6), if
still pending, on their own merits in accordance with law after
grant of opportunity of hearing to the petitioner, preferably
within a period of eight weeks from today. To enable disposal,
the petitioner shall furnish her mobile number and e-mail ID to
the respondents within a week from today.
6. It is made clear that in view of the ongoing Covid- 19
pandemic, any correspondence between the parties may be
made through email and the petitioner shall be at liberty to
request for hearing through video conference.
7. The writ petition stands disposed of with the aforesaid
directions.
8. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made
by the petitioner within the stipulated time provided in para 1
hereinabove, failing which the matter shall be brought to the
notice of this Court.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 17.04.2021
Transmission Date -
