Patna High Court
Md. Imraj Rasid vs The State Of Bihar Through ... on 20 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4006 of 2021
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Md. Imraj Rasid, S/o Harun Rasid, R/o Village-Marar, Ward No. -06, P.S.
Morkahi, District Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through District Level Selection Committee, Khagaria.
2. District Magistrate Khagaria (chairman of District Level Selection
committee), District-Khagaria.
3. The District Supply Officer, Khagaria (Secretary of Selection Committee),
District-Khagaria.
4. District Co-operative Officer, Khagaria, District-Khagaria.
5. District Development Commissioner, Khagaria, District-Khagaria.
6. Sub-divisional Officer, Khagaria, District-Khagaria.
7. Block Supply Officer, Khagaria, District-Khagaria.
8. Md. Ashfaque Alam, S/o Pkharey Alam, R/o Village-Marar South, P.S.-
Morkahi, District-Khagaria.
9. Haidar Imam, S/o Md. Ashad Imam, R/o Village-Marar South, P.S.-Morkahi,
District-Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bachan Jee Ojha
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 20-12-2021
Petitioner has prayed for the following relief(s):
"I.For issuance of an appropriate writ in the
nature of certiorari for quashing the selection
list of P.D.S. (Public Distribution System)
dealers i.e. fair price shops dated 10.07.2019
issued by District Level Selection
Committee Khagaria (contained in annexure-
7) by which respondent no. -8 and 9 were
Patna High Court CWJC No.4006 of 2021 dt.20-12-2021
wrongly selected ignoring the provisions of
act in spite of raising objection by the
petitioner and others.
II. To issuance of appropriate writ in the
nature of of mandamus directing the
respondent authorities to select the petitioner
who is at serial 4 in selection list and an
educated elderly unemployed person belong
to a most poor family.
III. To grant any other relief/reliefs to which
the petitioner may be found entitled to in the
facts and circumstances of the case.
Learned counsel for the petitioner submits that
petitioner shall be content if a direction is issued to the
Divisional Commissioner, Munger to consider and decide the
Appeal/Revision filed, within a period of four weeks from the
date of production of a copy of this order.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty aforesaid. All
issues on facts and law are left open.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
Patna High Court CWJC No.4006 of 2021 dt.20-12-2021
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
The petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 22.12.2021
Transmission Date
