Patna High Court
Sarjan Kumar vs The State Of Bihar on 6 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4470 of 2020
======================================================
Sarjan Kumar Son of Harinath Ram Resident of Village- Bhamopali, P.S.-
Barharia, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Food and
Civil Supplies, Govt. of Bihar, Patna.
2. The District Magistrate, Siwan.
3. The District Supply Officer, Siwan.
4. The Sub-Divisional Officer, Siwan Sadar, Siwan.
5. The Block Development Officer, Barharia, District- Siwan.
6. The Mukhiya, Gram Panchayat Raj- Bhamopali, Anchal- Barharia, District-
Siwan.
7. Krishna Kumar Ranjan Son of Late Narayan Ram (Ex-MLA), Resident of
Village- Bhamopali, P.S.- Barharia, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Tiwary
For the Respondent/s : Mr.Vijay Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 06-12-2022
Heard Mr. Rabindra Kumar Tiwary, learned
Advocate for the petitioner and Mr. Vijay Kumar Sinha
Patna High Court CWJC No.4470 of 2020 dt.06-12-2022
for the State.
The petitioner is aggrieved by the grant of
licence to respondent no. 7, notwithstanding the fact that
he had represented the Ward and there is a proscription
under the Bihar Targeted Public Distribution System
(Control) Order, 2016 for granting licence to such
persons.
The further grievance of the petitioner is that
respondent no. 7 did not have computer ability
certificate, whereas the petitioner was computer literate
and he should have been given preference for grant of
licence.
Mr. Sinha, learned counsel for the State, on
the other hand, submits that respondent no. 7 had
resigned from that position much before, whose
resignation had been accepted and respondent no. 7 was
granted licence after he was found to be the most
suitable of the contenders.
However, in view of the nature of controversy
Patna High Court CWJC No.4470 of 2020 dt.06-12-2022
raised by the petitioner as also in view of the notification
dated 21.07.2022, issued by the government in exercise
of the powers referred 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, this Court deems it appropriate to direct
that, in case a suitable complaint/representation is made
by the petitioner before the Commissioner of the
Division, Siwan within a period of 15 days, he shall look
into the matter and after hearing all the stakeholders,
including respondent no. 7, shall pass a final order within
a further period of 60 days, giving reasons in support of
the decision taken by him.
The order so passed by the authority shall be
made available to the petitioner as well as respondent
no.7 forthwith.
We have specifically asked respondent no. 7
to be heard by the Commissioner of Division, Siwan as
the present order is being passed in his absence.
Patna High Court CWJC No.4470 of 2020 dt.06-12-2022
The writ petition stands disposed of
accordingly.
(Ashutosh Kumar, J)
( Nawneet Kumar Pandey, J)
Mahesh/Sonali
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.12.2022
Transmission Date N/A
