Patna High Court
Shashikant Kumar Singh vs The State Of Bihar on 7 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1423 of 2021
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Shashikant Kumar Singh, S/o Sri Birendra Kumar Singh, Resident of Village
- Khaira Ajam, P.O. - Reotith, P.S. - Baikunthpur, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Govt. of Bihar, Patna.
2. The Additional Secretary, Food and Consumer Protection Department, Govt.
of Bihar, Patna.
3. The Divisional Commissioner, Saran Division, Chapra.
4. The Collector cum Chairman District Level Selection Committee (Supply),
Gopalganj, District - Gopalganj.
5. The Collector cum District Magistrate, Gopalganj.
6. The District Transport Officer, Gopalganj Cum Member of the Selection
Committee of District Level (Supply), District - Gopalganj.
7. The District Co-Operative Officer, Gopalganj, Cum Member of the
Selection Committee of District Level (Supply), District - Gopalganj.
8. The District Supply Officer, Gopalganj Cum Member of the Selection
Committee of District Level (Supply), District - Gopalganj.
9. The Sub Divisional Officer, Hathua, Gopalganj Cum Member of the
Selection Committee of District Level (Supply), District - Gopalganj.
10. The Sub Divisional Officer Cum Licensing Authority, Sadar Sub Division,
Gopalganj.
11. The Block Supply Officer, Baikunthpur, District - Gopalganj.
12. Mr. Raj Balam Ram, S/ Ramjit Ram, Resident of Village - Bankati, P.O. -
Mahua, P.S. Baikunthpur, District - Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh, Advocate
For the Respondent/s : Mr. Lalit Kishore (A.G.)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 07-12-2021
Heard learned counsel for the parties.
Patna High Court CWJC No.1423 of 2021 dt.07-12-2021
Petitioner has prayed for the following relief(s).
"A. A writ in the nature of certiorari or any
other appropriate writ for quashing the
recommendation iii the District Level
Selection Committee (supply), Gopalganj
dated 31.08.2020 contained in memo no.
677 to the extent the same relates to
recommendation of private respondent for
license of PDS dealership for supply of
Essential goods for the beneficiaries/
consumers of Khaira Ajam, Gram Panchayat
of Baikunthpur Block of the Gopalganj
District, figures at SI. No. 81 in the
recommendation list under unreserved
category.
B. A writ in the nature of mandamus or any
other appropriate writ, order/s, direction/s
commanding the respondents for the
followings:
i. To direct the respondent authorities to
review the recommendation with respect to
private respondent and declare the petitioner
to be most eligible in comparison of the
private respondent.
ii. To hold that the recommendation of the
private respondent who is at 5th position in
the seniority list of approved applicants and
non-recommendation of the petitioner, who
is having 1st position in the said seniority
list is erroneous and gross case of colorable
exercise of power.
iii. To hold that the private respondent is not
eligible for the PDS Dealership of Gram
Panchayat Raj, Khaira Ajam as he does not
hold the essential/required eligibility for the
same.
C. For any other relief/s to which the
petitioner is found entitled to."
After the matter was heard for some time, learned
counsel for the petitioner states that petitioner shall be content if
Patna High Court CWJC No.1423 of 2021 dt.07-12-2021
a direction is issued to the appellate authority, which the
petitioner would be filing within next four weeks.
Learned counsel for the State states that if the
petitioner were to file the appeal in terms of the averments made
in para- 29 of the affidavit, within four weeks, the appellate
authority shall decide the same on merits within a period of two
months thereafter in accordance with law.
Statement accepted and taken on record.
Petition is disposed of with a direction to the authority
concerned to consider and decide the petitioner's appeal
expeditiously, preferably within a period of two months from
the date of presentation of appeal.
The writ petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, also stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
Patna High Court CWJC No.1423 of 2021 dt.07-12-2021
