Amarjit Singh And Anr vs The State Of Bihar And Ors
2022 Latest Caselaw 5348 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.19864 of 2018
     ======================================================

1. Amarjit Singh and Anr Son of Abhimanyu Singh, resident of Village-

Kekada, P.S.- Chand, District- Kaimur, Bhabhu.

2. Krishna Kumar Patel, Son of Dulare Singh, resident of Village- Bagachhara, P.S. Chand, District- Kaimur, Bhabhua.

... ... Petitioner/s Versus

1. The State Of Bihar

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

3. The Commissioner, Patna Division, Patna.

4. The District Magistrate, Kaimur, Bhabhua.

5. The Sub Divisional Officer, Kaimur.

6. The Block Supply Officer, Rampur.

7. Shiv Shankar Bind, Son of Shiv Narayan Bind, resident of Village- Ichaon, P.S.- Chand, District- Kaimur, Bhabua.

8. Vijay Narayan Singh, Son of Late Ram Nawami Singh, Resident of Village-

Bagachhara, P.S.- Chand, District- Kaimur, Bhabhua.

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.

Mr. Saket Tiwary, Adv.

Mr. Kumar Rajdeep , Adv.

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 : 20-12-2022

Heard Mr. N.K. Agrawal, learned Senior Patna High Court CWJC No.19864 of 2018 dt.20-12-2022

Advocate for the petitioners.

The petitioners have challenged the grant of

licence to respondent Nos. 7 and 8 on the ground that

they have better claim for being considered for grant of

licence.

Regard being had to the nature of

controversy raised by the petitioners, 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 if a

suitable complaint/representation is made within a period

of 30 days before the Commissioner of the Division, he

shall look into the matter and after hearing all the

stakeholders, including respondent Nos. 7 and 8, shall

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

giving reason in support of the decision taken by him.

The order so passed by the authority shall be made Patna High Court CWJC No.19864 of 2018 dt.20-12-2022

available to the petitioners as well as respondent Nos. 7

and 8 forthwith.

and 8 to be heard by the concerned authority as the

present order is being passed in their absence.

The writ petition stands disposed of accordingly.

(Ashutosh Kumar, J)

(Nawneet Kumar Pandey, J)

SONALI/-

AFR/NAFR                NAFR
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Uploading Date          21. 12.2022
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