Raju Kumar vs The State Of Bihar And Ors
2022 Latest Caselaw 4743 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19043 of 2018
     ======================================================

Raju Kumar Son of Sri Mahendra Yadav, Resident of Village- Bramhottara, P.S.- Raghopur, District- Supaul.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

3. The Commissioner, Koshi Division, Saharsa.

4. The District Level Selection Committee through its Chairman, the District Magistrate, Supaul.

5. The District Magistrate, Supaul.

6. The District Supply Officer-cum-Secretary, District Level Committee, Supaul.

7. The Sub-Divisional Officer, Birpur, District- Supaul.

8. The Block Supply Officer, Raghopur, District- Supaul.

9. Mukesh Kumar, Son of Sri Maheshwari Yadav, Resident of Ward No.9, Thalaha, Gram Panchayat- Champanagar, P.S.- Raghopur, District- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Amrit Abhijat, Adv. For the Respondent/s : Mr. Upendra Pratap Singh, APP For the Resp. No.9 : Mr. Kamal Kishore Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 02-12-2022 Heard Mr. Amrit Abhijat, learned advocate for the

petitioner, Mr. Kamal Kishore Singh for the respondent

no.9 and Mr. Upendra Pratap Singh for the State. Patna High Court CWJC No.19043 of 2018 dt.02-12-2022

The petitioner has challenged the selection of

respondent no.9 as a PDS Dealer on the ground of his

having lower qualification of Diploma in Computer

Application whereas the petitioner has higher degree of

Advanced Diploma in Computer Application.

In view of the controversy raised herein and in

view of the notification dated 21.07.2022 issued by the

Government in exercise of the powers conferred under

Sections 3 and 5 of the Essential Commodities Act, 1955

read with Clause-36 of the Bihar Targeted Public

Distribution System (Control) Order, 2016, we direct that

in the event of the petitioner making a suitable

representation/complaint before the concerned Divisional

Commissioner within a period of 30 days, the Divisional

Commissioner shall look into the matter and after hearing

all the stakeholders, including Respondent No. 9, shall pass

a final order within a further period of 60 days, giving

reasons in support of the decision taken by him.

Patna High Court CWJC No.19043 of 2018 dt.02-12-2022

The order so passed by the authority shall be

made available to the petitioner as well as the Respondent

No. 9.

With the aforenoted observation/direction, the

petition stands disposed of accordingly.

(Ashutosh Kumar, J)

( Nawneet Kumar Pandey, J) rishi/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          07.12.2022
Transmission Date