Kala Kumari vs The State Of Bihar
2022 Latest Caselaw 898 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19779 of 2021
     ======================================================

Kala Kumari, Chairman, Kamal Jivika Mahila Gram Sangathan, Swayan Sahayata Samuh, Wife of Chandeshwar Das, Resident of Village - Parmanandpur, P.O. - Srirampur, P.S. - Ashok Paper Mill, District- Darbhanga.

... ... 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, Darbhanga, District- Darbhanga.

3. The Sub - Divisional Officer, Sadar, Darbhanga.

4. Avinash Kumar Chaudhari Son of Harendra Chaudhary Resident of Village and P.O. - Srirampur, P.S. - Ashok Paper Mill, District- Darbhanga.

... ... 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 : 02-02-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

Patna High Court CWJC No.19779 of 2021 dt.02-02-2022

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 his application for grant of PDS

licence has been rejected and on his place, private respondent

no.4, namely, Avinash Kumar Chaudhary, has been granted

P.D.S. licence.

Petitioner is granted liberty to avail the remedy of appeal

against the impugned order by which his application for grant of

PDS licence has been rejected by the District Selection

Committee before the Divisional Commissioner, Darbhanga 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)


Sanjay/-                                                          ( S. Kumar, J)
AFR/NAFR                       NAFR
CAV DATE                       NA
Uploading Date                 03.02.2022
Transmission Date              NA