Mohan Kumar vs The State Of Bihar
2023 Latest Caselaw 5195 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4080 of 2023
     ======================================================

Mohan Kumar, Male, aged about 49 years, Son of Shri Lagnu Yadav, Resident of Village-Pirauta, Ara, P.S.-Mufassil, District-Bhojpur.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, Bhojpur (Ara).

2. The District Supply Officer, Bhojpur (Ara).

3. The Sub Divisional Officer, Sadar, Ara, District-Bhojpur (Ara).

4. Manoj Ram, Male, aged about 35 years, Son of Late Kishun Ram, Resident of Village-Pirauta, P.S.-Ara, Mufassil District-Bhojpur (Ara).

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 09-10-2023

Heard learned counsel for the parties.

2. This writ petition has been filed for seeking the

following relief(s):-

"(i) PDS Licence issued by S.D.O., Sadar Ara, Respondent No. 4 in respect of village- Pirauta, Ward No. 10, P.S. Ara Mufassil, District- Bhojpur (Ara) be set-aside/declared nonest.

(ii) Respondent Authorities be directed to grant PDS License in respect of village- Pirauta, Ward No. 10, P.S. Ara Mufassil, District- Bhojpur (Ara) to the petitioner, who is unemployed graduate who had been running PDS shop of Late Kishun Ram for long years.

(iii) Respondent Authorities be directed to grant any other benefits to the petitioner for which he may be legally entitled."

Patna High Court CWJC No.4080 of 2023 dt.09-10-2023

3. Learned counsel appearing on behalf of the

respondents states that the petitioner may file a representation to

the Divisional Commissioner, Bhojpur Ara and a direction may be

issued to the Divisional Commissioner, Bhojpur Ara to pass

appropriate orders on the said representation filed by the petitioner.

Learned counsel appearing on behalf of the respondents states that

as per the amendment order under Bihar Targeted Public

Distribution System (Control) second Amendment Order, 2022,

the Divisional Commissioner is the competent authority for

disposing of any complaint or representation made by an

aggrieved party.

4. Having regard to the above made submission, the

petitioner is directed to file his representation ventilating his

grievance within a period of two weeks from the date of receipt of

the copy of this order. On such representation being made the

Divisional Commissioner, Bhojpur Ara shall consider the

representation made by the petitioner and pass order strictly in

accordance with law. The Respondents shall put all the parties on

notice including the petitioner and private Respondent no. 4 herein

before passing any order. The entire exercise shall be completed

as expeditiously as possibly preferably within a period of four Patna High Court CWJC No.4080 of 2023 dt.09-10-2023

weeks from the date of the receipt of the representation by the

petitioner

5. Any order passed shall be communicated to the

parties.

6. Accordingly, the present writ petition stands disposed

off.

(A. Abhishek Reddy, J)

Anand Kr.

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