Urmila Kumari vs The State Of Bihar
2022 Latest Caselaw 4812 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1297 of 2020
     ======================================================

Urmila Kumari daughter of Arvind Vishwkarma, resident of village- Ankorha, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Food and Civil Supply Department, Govt of Bihar, Patna

3. The Commissioner, Magadh Division, Gaya District-Gaya

4. The Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna

5. The District Magistrate, Aurangabad District- Aurangabad

6. The Officer on Special Duty Food and Consumer Protection Department, Govt. of Bihar, Patna

7. The District Supply Officer, Aurangabad District Aurangabad

8. The Sub Divisional Officer, Daudnagar Sub Division Daudnagar, District-

Aurangabad

9. The District Co-operative Officer, Aurangabad, District Aurangabad

10. The District Welfare Officer, Aurangabad

11. The Executive Engineer, Public Health Engineering Department, Aurangabad District- Aurangabad

12. Amrita Kumari, Wife of Amit Kumar, resident Kumar, resident of village-

Parihara, P.S. Khudwan, District- Aurangabad

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

For the Petitioner/s : Mr. Md. Rashid Alam, Advocate For the Respondent/s : Mr. S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 05-12-2022

Heard the learned counsel for the petitioner and

the State.

Patna High Court CWJC No.1297 of 2020 dt.05-12-2022

In view of the nature of controversy raised on

behalf of the petitioner as also 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 are of the view that the dispute would

be resolved, if a suitable representation/complaint is

made before the Divisional Commissioner of the

concerned Division, i.e., Gaya .

Should a suitable representation/complaint be

made before the Divisional Commissioner, Gaya within a

period of 30 days, he shall look into the matter and after

hearing all the stakeholders, including private

Respondent No. 12, shall pass a reasoned order within a

period of 60 days, which shall be communicated to the

petitioner and other stakeholders, including private

Respondent No. 12.

The order so passed by the authority shall be made Patna High Court CWJC No.1297 of 2020 dt.05-12-2022

available to the petitioner as well as respondent no. 12

forthwith.

We have specially asked for private Respondent

No. 12 to be heard by the Divisional Commissioner,

Gaya for the reason that this order has been passed in

her absence.

The writ petition is accordingly disposed of.

                                                (Ashutosh Kumar, J)


                                           ( Nawneet Kumar Pandey, J)
Mahesh/HR
AFR/NAFR                NAFR
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Uploading Date          08.12.2022
Transmission Date       N/A