Patna High Court
Anand Lal Gupta vs The State Of Bihar Through The ... on 15 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8824 of 2020
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Anand Lal Gupta, son of Sri Satya Narayan Sahu, resident of village -
Madhepur East, Wad No. 10, Indra Chok, Police Station- Madhepur, District-
Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Madhubani.
4. The Sub-Divisional Officer, Jhanjharpur, District- Madhubani.
5. The Marketing Officer, Block - Madhepur, District- Madhubani.
6. The Supply Inspector Block Madhepur, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, 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 present writ petition has been filed "for a direction
to the respondents(authority no.4) for taking final decision in
Patna High Court CWJC No.8824 of 2020 dt.15-04-2021
the matter of allotment of PDS licence bearing roster No.402 in
Madhepur Purvi Panchayat, Block Madhepur Sub-Division
Jhanjharpur District Madhubani which is specifically
earmarked for extremely backward category (EBC)."
3. Learned counsel for the petitioner submits that the
petitioner, having been placed at serial no.1 of the merit list and
upon recommendation of the competent authority, was selected
for grant of PDS licence for Madhepura Purvi Gram Panchayat,
Block Madhepur, Sub-Division Jhanjharpur in the district of
Madhubani. However, the respondents have not issued the PDS
licence in favour of the petitioner. Accordingly, the petitioner
has approached the District Magistrate, Madhubani, with three
representations dated 31.01.2020, 01.02.2020 and 13.05.2020
respectively (Annexures 8, 10 and 11).
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 ends of justice shall be
met by directing the District Magistrate, Madhubani to consider
and dispose of the petitioner's aforesaid representations dated
31.01.2020, 01.02.2020 and 13.05.2020 (Annexures 8, 10 and
11), if still pending, on their own merits in accordance with law
Patna High Court CWJC No.8824 of 2020 dt.15-04-2021
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 his 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 -
