Soni Devi vs The State Of Bihar
2023 Latest Caselaw 703 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.16513 of 2019
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Soni Devi, aged about 29 years, female, W/o Binod Kumar Choubey, Resident of Village- Barhaman Toli, Gogri P.S.- Gogri, District- Khagaria.

... ... Petitioner/s Versus

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

2. The Divisional Commissioner, Munger.

3. The Collector-cum-District Magistrate, Khagaria.

4. The District Officer-cum-Chairman, District Selection Committee, Khagaria.

5. The Sub-Divisional Officer (S.D.O.), Gogri.

6. The District Supply Officer, Khagaria.

7. The Block Supply Officer, Khagaria.

8. Sri Vikram Kumar, Son of Parmod Chandra Upadhayay ,Resident of Village and P.O. and P.S.- Gogri, District- Khagaria.

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

For the Petitioner/s : Md. Najmul Hodda, Adv. For the State : Md. Anisul Haque, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 07-02-2023

Heard Md. Najmul Hodda, the learned

Advocate for the petitioner and Mr. Anisul Haque, the Patna High Court CWJC No.16513 of 2019 dt.07-02-2023

learned counsel for the State.

2. In view of the nature of controversy raised

by the petitioner 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 complaint/representation

before the concerned Divisional Commissioner within a

period of 30 days, the Divisional Commissioner shall look

into the matter and after hearing all the stakeholders,

including respondent No. 8, shall pass a final order

within a further period of 60 days, giving reasons in

support of the decision taken by him.

3. The order so passed by the Divisional

Commissioner shall be made available to the petitioner

as well as respondent No. 8 forthwith.

4. We have specifically asked for respondent Patna High Court CWJC No.16513 of 2019 dt.07-02-2023

No. 8 to be heard by the Divisional Commissioner as the

present order is being passed in his absence.

5. The writ petition stands disposed of

accordingly.

(Ashutosh Kumar, J)

(Satyavrat Verma, J)

Praveen-II/-

AFR/NAFR                NAFR
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Uploading Date          09-02-2023
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