Patna High Court
Munni Kumari vs The State Of Bihar on 20 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9610 of 2019
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Munni Kumari, Wife of Manoj Kumar Roy, Resident of Village, P.O. and P.S.
Kudhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The District Supply Officer, Muzaffarpur.
4. The Sub Divisional Officer (West) Muzaffarpur.
5. Santi Kumari, Wife of Manish Kumar, Resident of Village and P.O. and P.S.
Kudhani, District- Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4
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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. Nachiketa Jha, learned Advocate for
the petitioner and Mr. Upendra Pratap Singh for the State.
The petitioner has questioned the grant of license
to respondent no. 5, even though she had not enclosed her
computer eligibility certificate along with her application
form for being considered for grant of license.
Patna High Court CWJC No.9610 of 2019 dt.20-12-2022
Even otherwise, learned counsel for the petitioner
submits that her candidature is better than respondent no.
5 in all respects.
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. 5, 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 the Respondent
No. 5.
Patna High Court CWJC No.9610 of 2019 dt.20-12-2022
We have specifically asked Respondent No. 5 to
be heard by the Divisional Commissioner as the present
order is being passed in his absence.
The writ petition stands disposed of accordingly.
(Ashutosh Kumar, J)
(Nawneet Kumar Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.12.2022
Transmission Date
