Gyan Bharti vs The State Of Bihar
2022 Latest Caselaw 1165 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No. 20995 of 2021
     ======================================================

Gyan Bharti Wife of Amrendra Kumar, Resident of Village - Shivrama, P.S. - Hathouri, District- Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate Cum Chairman, District Selection Committee, Samastipur, District - Samastipur.

3. The Sub-Divisional Officer, Rosara, District - Samastipur.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate For the Respondent/s : Mr.Arvind Ujjwal ( Sc4 ) ====================================================== 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 : 14-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

"For issuance of an appropriate writ,

order or direction for disposal of application

submitted by the petitioner for issuance of a

P.D.S. license which has duly been received by

office of the Sub-Divisional Officer, Rosara on

16/8/2021 but the same has still been pending." Patna High Court CWJC No. 20995 of 2021 dt.14-02-2022

After the matter was heard for some time, finding the

Bench not to be agreeable with the submissions made by

learned counsel for the petitioner, learned counsel for the

petitioner, under instructions, states that petitioner shall be

content if a direction is issued to the authority concerned,

respondent no.3, the Sub-Divisional Officer, Rosara, District,

Samastipur to consider and decide the representation which

the petitioner shall be filing within a period of four weeks from

today for redressal of the grievance(s).

Learned counsel for the respondents states that if such

a representation is filed by the petitioner, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of four months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the following

terms:-

(a) Petitioner shall approach the authority concerned

within a period of four weeks from today by filing a

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose

it of expeditiously by a reasoned and speaking order preferably Patna High Court CWJC No. 20995 of 2021 dt.14-02-2022

within a period of four months from the date of its filing along

with a copy of this order;

(c) Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(d) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(e) We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise available in law,

before the appropriate forum, the same shall be dealt with, in

accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioner to approach the

Court, should the need so arise subsequently on the same and

subsequent cause of action;

(g) We have not expressed any opinion on merits. All

issues are left open;

(h) The proceedings, during the time of current

Pandemic- Covid-19 shall be conducted through digital mode,

unless the parties otherwise mutually agree to meet in person

i.e. physical mode;

The petition stands disposed of in the aforesaid terms. Patna High Court CWJC No. 20995 of 2021 dt.14-02-2022

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.02.2022
Transmission Date       NA