Patna High Court
Smt. Mamta Kumari vs The State Of Bihar on 21 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7563 of 2020
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Smt. Mamta Kumari, W/o Sri Narendra Prasad Gupta, R/o Village- Boaria
North, Gram Panchayat Raj- Nariyar, P.S.- Motipur, District- Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar through the Principle Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Muzaffarpur cum Chairman District level selection
Committee, Muzaffarpur.
3. The Sub- Divisional Officer (West), Cum Licensee Officer, Muzaffarpur.
4. The District Supply Officer, Muzaffarpur.
5. The Block Supply Officer, Block- Motipur, District- Muzaffarpur.
6. Smt. Kavita Devi D/o Sri Balendra Kumar R/o Village- Nariyar, Gram
Panchayat Raj- Nariayar, P.S. Motipur, District- Muzaffarpur.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Jai Prakash Verma, Advocate
For the Respondents-State: Mr. Arvind Ujjwal, SC-4
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 21-01-2021
Heard learned counsel for the petitioner and
learned counsel for the State.
2. In the present writ petition, the petitioner has
prayed for quashing of the selection of respondent no.6 for
issuance of PDS license under the Bihar Targeted Public
Distribution System (Control) Order, 2016 in Gram panchayat
Raj Nariyar, Block-Motipur, District-Muzaffarpur by the
District Level Selection Committee in a proceeding of meeting
dated 23.01.2020.
Patna High Court CWJC No.7563 of 2020 dt.21-01-2021
3. It is submitted by the learned counsel for the
petitioner that the petitioner had applied for a fair price shop
license pursuant to an advertisement issued under the signature
of the Sub Divisional Officer, West, Muzaffarpur dated
19.06.2018. In the said selection process, the selection
committee illegally and arbitrarily selected respondent no.6 who
is lesser qualified than the petitioner. He has made several other
pleadings in his application in support of the claim that the
petitioner fulfilled all qualification and was a better candidate
than respondent no.6.
4. On the other hand, learned counsel for the State
submitted that since the petitioner is aggrieved by the selection
made by the District Level Selection Committee in issuance of
fair price shop license, she ought to have filed an appeal under
clause (iii) of Rule 32 of the Bihar Targeted Public Distribution
System (Control) Order, 2016 before the respondent no.2, the
District Magistrate, Muzaffarpur.
5. Rule 32(iii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016 reads as under:-
"32 (iii) Appeal.- Any person aggrieved by an
order of the licensing authority denying the
issue or renewal of the license to the fair price
shop owner or cancellation of the license may
appeal to the District Officer within thirty
Patna High Court CWJC No.7563 of 2020 dt.21-01-2021
days of the date of receipt of the order and the
District Magistrate shall, as far as practicable,
dispose the appeal within a period of sixty
days.
Provided that once an appeal has been
disposed of by the District Officer, the time
for issue or renewal of the license of the fair
price shop owner by the licensing authority
shall begin from the date of decision of the
District Officer on the appeal."
6. Since there is an equally efficacious statutory
remedy of appeal available to the petitioner for redressal of her
grievance, I am not inclined to entertain the present application
in extraordinary writ jurisdiction.
7. The writ petition is dismissed, accordingly.
However, the petitioner would be at liberty to agitate her
grievance before the appellate authority in accordance with
law. In case of filing of an appeal within a fortnight, the
appellate authority shall be required to dispose of the same in
accordance with law within two months from the date of its
filing.
(Ashwani Kumar Singh, J.)
sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.01.2021
Transmission Date NA
Patna High Court CWJC No.7563 of 2020 dt.21-01-2021
