Guriya Devi vs The State Of Bihar
2023 Latest Caselaw 23 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11433 of 2019
     ======================================================

Guriya Devi W/o Sanjay Singh Vill.- Neknampur Tola, P.s.- Barahara, Distt.- Bhojpur

... ... Petitioner/s Versus

1. The State of Bihar through the Collector-cum-District Magistrate, Bhojpur at Ara

2. Addl. Collector Bhojpur at Ara

3. District Manager of the State Food Corporation Bhojpur at Ara

4. District Supply Officer Bhojpur at Ara

5. Sub Divisional Officer (Supply) Bhojpur at Ara

6. Block Supply Officer Barahara cum Koilwar, Distt.- Bhojpur at Ara

7. Block Supply Officer Udwant Nagar, Distt.- Bhojpur at Ara

8. Block Supply Inspector Barahara, Distt.- Bhojpur at Ara

9. Reshma Kumari W/o Sanjay Singh Vill.- Dhandhar, Panchayat Pkari Block Barahara, P.s.- Barahara, Distt.- Bhojpur

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4 For the Respondent No. 3 : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 02-01-2023 Heard Mr. Tribhuwan Narayan, learned Advocate for

the petitioner and Mr. Upendra Pratap Singh for the State.

The petitioner was chosen as a licensee but later, on

finding that her father-in-law was a licensee from before, her

candidature was cancelled by order dated 09.03.2019.

According to the learned counsel for the petitioner, till date Patna High Court CWJC No.11433 of 2019 dt.02-01-2023

nobody has been chosen as a licensee in place of the

petitioner.

Learned counsel for the petitioner has submitted that

though her father-in-law had been a licensee from before but

there had been a partition in the family by metes and bounds

and the disqualification attaches only if a candidate remains in

a joint family where one of the members is a licensee.

In view of the nature of controversy raised with

respect to the cancellation of the recommendation for grant of

license to the petitioner, we deem it appropriate to refer the

matter to the Divisional Commissioner.

we direct that in the event of the petitioner making a

suitable representation/complaint before the concerned

Divisional Commissioner within a period of thirty days, the

Divisional Commissioner shall look into the matter and after

hearing all the stakeholders, shall pass a final order within a

further period of sixty days, giving reasons in support of the

decision taken by him.

While considering the case of the petitioner all other

stakeholders shall also be heard and it shall be verified whether Patna High Court CWJC No.11433 of 2019 dt.02-01-2023

the petitioner is a member of the joint family with her father-

in-law, another licensee, before taking a final decision in the

matter.

The writ petition stands disposed of accordingly.

                                                                    (Ashutosh Kumar, J)


                                                                    (Satyavrat Verma, J)


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Uploading Date          05.01.2023
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