Patna High Court
Khusboo Rani vs The State Of Bihar on 8 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20394 of 2021
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Khusboo Rani W/O Saroj Kumar Singh Resident of Village - Baijalpur, P.O. -
Amaiya, P.S. - Asarganj, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Supply of Food and
consumer Protection Department, Govt. of Bihar, Patna.
2. The Secretary, Supply of Food and Consumer Protection Department, Govt.
of Bihar, Patna.
3. The District Magistrate - cum- Second Appellate Authority, Public
Grievance Redressal, Munger.
4. The District Supply Officer, Munger.
5. The Commissioner, Munger Division, Munger.
6. The District Supply Officer, Munger.
7. Block Supply Officer, Asarganj Block, Munger.
8. The Licensing Authority - cum- Sub - Divisional Officer - cum Public
Grievance Redressal Authority, Tarapur Block, Munger.
9. The Additional Collector - cum- First Appellate Authority, (Public Grievance
Redressal), Munger.
10. Kiran Kumari W/O Sri Niranjan Rai, Resident Village - Dulhar, P.O. -
Amaiya, P.S. - Asarganj, District- Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (Sc4)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 08-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
1. For issuance of writ/writs, direction/directions,
order/orders commanding the respondents to issue the
Patna High Court CWJC No.20394 of 2021 dt.08-02-2022
License for Fair Price Shop under Public Distribution
System to the petitioner for which he had applied in
the year 2017, under Amaiya Gram Panchayat, Block
Tarapur, District- Munger, by setting aside the order
vide Memo No.41, dated 08.01.2019 passed by Sub-
Divisional Officer, Tarapur, Munger and also by
cancelling the License, which has been issued in
favour of respondent no.10.
a) For, issuance of writ/writs, direction/directions
to the respondents to stay the functioning of Fair Price
Shop of respondent no.10 under Public Distribution
System for the Gram Panchayat Amaiya and also stay
the allotment of food grains to the respondent no.10.
B) For, issuance of writ/writs, order/orders
directing the respondents to cancel the P.D.S. license
issued in favour of respondent no.10.
C) For, any other relief/relief(s) for which the
petitioner is found entitled by the Hon'ble Court."
Petitioner has approached this Court without exhausting
the statutory remedy of appeal as provided under Clause 32 of
Bihar Targeted Public Distribution System (Control) Order,
2016 against the order by which her application for grant of
PDS licence has been rejected and on her place, private
respondent no.10 namely, Kiran Kumari, has been granted
P.D.S. licence.
Petitioner is granted liberty to avail the remedy of appeal
Patna High Court CWJC No.20394 of 2021 dt.08-02-2022
against the impugned order by which her application for grant
of PDS licence has been rejected by the District Selection
Committee before the Divisional Commissioner, Munger and if
any such appeal is filed within 4 weeks then appellate authority
shall condone the delay in filing the appeal and shall decide the
appeal on its own merit preferably within 8 weeks from the date
of its filing.
With aforesaid direction, the writ petition stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2022
Transmission Date NA
