Patna High Court
Abu Talib vs The State Of Bihar And Ors on 7 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24964 of 2018
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Abu Talib son of Abdul Wahid Resident of village-Dattha, P.S.- Jalalgarh,
District-Purnea.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary Food and Consumer Protection
Department, Govt. of Bihar, Patna
2. The Divisional Commissioner, Purnea Division, District-Purnea.
3. The District Magistrate Purnea, District-Purnea.
4. The Block Maintenance Officer under Block Jalalgarh-District-Purnea.
5. The sub divisional officer, Purnea District-Purnea.
6. Suman kumar, Son of Manoj kuimar Vishwas, Resident of village-Katheli
P.S.- Jalalgarh, District-Purnea
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nadimul Hasan
For the Respondent/s : Mr.Arvind Ujjwal- Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-05-2025
1. The writ petition is filed for the
following reliefs:
"i) For issuance of appropriate
writ / writs, Direction/ Directions to the
concerning Respondents authorities to
cancel and quash the final selection list
dated 29.9.2018 prepared for the purpose
of appointment of New PDS Dealer and
granting him License for new shop under
Ramdeli panchayat under Block Jalalgarh
of District Purnea, where the Respondent
no. 3 the District Magistrate due to his
Patna High Court CWJC No.24964 of 2018 dt.07-05-2025
2/5
administrative exigency have committed
irregularities for selection of New PDS
dealer and selected wrong person (as such
Respondent no.6) for New License of PDS
shop on the basis of notified Megha suchi
dated 29.9.2018 and which is not
according Guide line 2016 for distribution
of License of New PDS shop, as because
the name of the petitioner appeared at sr
no.1 of the final Megha suchi dated
29.9.18
due to his High percentage of
marks obtained in Fokania and Molvi
Examination and his date of Birth is
03.01.1990.
ii) For issuance appropriate writ
or writs, direction or directions to the
concerned Respondents to take
appropriate action against the wrong
selection of New PDS dealer under
Ramdali panchayat, Block jalalgarh Dist-
Purnea and immediately stop further
process as such Distribution of License of
PDS shop according to the wrong prepared
selection list at sr no.13 Megha sr no.2 for
a single post of one Male General
candidate according roaster point and
clear-cut violation of final Megha suchi
dated 29.9.2018 and selected the
Respondent no.6 he has Low marks.
Patna High Court CWJC No.24964 of 2018 dt.07-05-2025
iii) For issuance of appropriate
writ, order or direction to quash the letter
memo dated 29.9.2018 by which the
Respondents authorities have issued a
wrong selection list for a New License of
PDS shop under Ramdali Panchayat Block
jalalgarh District Purnea and, wrongly
selected Respondent no.6 for New PDS
dealer.
iv) For any other relief or reliefs
for which the petitioner are found entitled
to in the opinion of this Hon'ble court."
2. At the very outset, Learned counsel for
the petitioner submitted that since this matter is
squarely covered under the judgment dated
24.02.2025 passed in CWJC No. 23597 of 2018
(Anita Devi Vs. The State of Bihar & Ors.) by
this Bench, this Writ petition may also be disposed
of on the same terms and conditions.
3. The Learned counsel for the
respondents has stated that the representation
made by the petitioner was of the year 2018 and
that may not be available in the office of the
Divisional Commissioner. The Learned counsel has
Patna High Court CWJC No.24964 of 2018 dt.07-05-2025
also contended considering the notification dated
21.07.2022 of Bihar Authority and Public
Distribution System Control, IInd Amendment
Order - 2022 the present Writ Petition may be
disposed off.
4. Accordingly, the present Writ petition is
disposed off with a direction to the petitioner to
approach the concerned Divisional Commissioner
ventilating his grievance against a selection of the
respondent no. 6, as a PDS dealer within a period
of six weeks from today.
5. On such representation being made, the
Divisional Commissioner shall consider the same
on its own merits duly putting all the parties on
notice and hearing the parties shall pass a
reasoned order.
6. The entire exercise shall be completed
within a period of four weeks, from the date of the
receipt of the copy of representation to the
Divisional Commissioner.
7. It is needless to mention that before
passing any order, the Divisional Commissioner
Patna High Court CWJC No.24964 of 2018 dt.07-05-2025
shall give an opportunity of hearing to the parties.
Any order passed, shall be communicated to the
parties.
8. With the aforesaid observations, this
Writ petition stands disposed of in light of the order
passed in Anita Kumari (supra).
9. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.05.2025
Transmission Date
