Patna High Court
Mother Taresa Mahila Swaym ... vs The State Of Bihar on 6 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6434 of 2019
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Mother Taresa Mahila Swaym Sahayta Samooh through Secretary Reena Devi
@ Rina Devi, aged about 30 year, Female, Wife of Vishwanath Yadav,
Resident of Village- Chandpur, P.O.- Hasanpur Gurda, Via- Mahnar, P.S.-
Patory, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Samastipur.
3. The Sub-Divisional Officer, Patory, District- Samastipur.
4. The District Supply Officer, Samastipur.
5. The Block Supply Officer, Patory, District- Samastipur.
6. Suresh Prasad Rai, Son of Late Deo Narayan Rai, Resident of Village and
P.O.- Hetanpur, P.S.- Patory, District- Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Adv.
For the State : Mr. Upendra Pratap Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 06-02-2023
Heard the learned counsel for the parties.
2. The petitioner/Mother Taresa Mahila
Swaym Sahayta Samooh, through its Secretary, has
challenged the grant of license to private respondent No.
6 on the ground that the District Selection Committee
Patna High Court CWJC No.6434 of 2019 dt.06-02-2023
ought to have considered the claim of the institutional
license for the petitioner in view of the provisions
contained in Rule 8 of the Bihar Targeted Public
Distribution System (Control) Order, 2016, which
mandates that except the compassionate ground cases,
self-help groups shall be given priority in allotment of
fair price shops.
3. In view of the nature of controversy raised
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 15 days, he
shall look into the matter and after giving hearing to all
the stake-holders including private respondent No. 6,
shall pass a final order within a further period of 60 days
Patna High Court CWJC No.6434 of 2019 dt.06-02-2023
thereafter, giving reasons in support of the decision
taken by him.
4. The order so passed by the Divisional
Commissioner shall be made available to the petitioner
as well as private respondent No. 6 forthwith.
5. We have specifically asked for the private
respondent No. 6 to be heard by the Divisional
Commissioner as the present order is being passed in his
absence.
6. With the aforesaid observation/direction,
the writ petition stands disposed off.
(Ashutosh Kumar, J)
(Satyavrat Verma, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.02.2023
Transmission Date N/A
