Uma Devi vs The State Of Bihar
2022 Latest Caselaw 525 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16933 of 2021
     ======================================================

Uma Devi wife of Late Suresh Rajjak Resident of Rana Pratap Nagar, Islampur, Police Station- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

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

2. The Commissioner, Patna Division, Patna.

3. The District Magistrate, Nalanda.

4. The District Supply Officer, Food and Consumer Supply Department, Nalanda.

5. The Sub- Divisional Officer, Hilsa, Nalanda.

6. The Block Supply Officer, Islampur, District- Nalanda.

7. Kanhai Rajjak son of Late Lakhan Rajjak Resident of Rana Pratap Nagar Islampur, Police Station- Islampur, District- Nalanda.

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

For the Petitioner/s : Mr.Anil Kumar Singh, Advocate For the Respondent/s : Mr.Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 21-01-2022

Heard learned counsel for the parties.

2. Petitioner has prayed for the following relief(s):

"For a direction to the District Magistrate, Nalanda and Sub-Divisional Officer, Hilsa Nalanda to decide the representation filed by the petitioner dated 21.7.2021 in relation to Patna High Court CWJC No.16933 of 2021 dt.21-01-2022

the PDS license bearing license number 01/2009 issued in the name of the private respondent on compassionate ground; on the ground that the benefits of the PDS license which was given on compassionate ground is not being fulfilled by the private respondent and the purpose of giving the PDS license is defeated."

3. 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.6) 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).

4. 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.

5. Statement accepted and taken on record.

6. As such, petition stands disposed of in the

following terms:-

(a) Petitioner shall approach the authority concerned Patna High Court CWJC No.16933 of 2021 dt.21-01-2022

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 within a period of four months

from the date of its filing along with a copy of this

order;

(c) The order assigning reasons shall be communicated

to the petitioner;

(d) Needless to add, while considering such

representation, principles of natural justice shall be

followed and due opportunity of hearing afforded

to the parties;

(e) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

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

recourse to such alternative remedies as are

otherwise available in accordance with law;

(g) 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 Patna High Court CWJC No.16933 of 2021 dt.21-01-2022

and with reasonable dispatch;

(h) Liberty reserved to the petitioner to approach the

appropriate forum/Court, should the need so arise

subsequently on the same and subsequent cause of

action;

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

issues are left open;

(j) 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;

7. The petition stands disposed of in the aforesaid

terms.

8. Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 25.01.2022 Transmission Date