Dismissed

Chandan Kumar v. The State Of Bihar and Ors.

Patna HC18 Jun 2019CWJC/2722/2019

Case brief

AI extract

What is this about?

Petitioner challenged the selection of Public Distribution Shop dealers, alleging forged certificates. The court directed the District Magistrate to inquire into the complaint and afford the accused an opportunity to defend, completing the exercise within four months, before disposing of the writ. No prior judgments cited.

What did the court decide?

Direction to District Magistrate to inquire into complaint of forged certificate and give accused opportunity to defend within four months.

Chandan Kumar Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2722 of 2019

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Chandan Kumar Son of Shri Asman Prasad, Resident of Village- Hirmani, P.S.-Chhauradano, District-East Champaran.

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... ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, General Administrative Department, Government of Bihar, Patna

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The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

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The Additional Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

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The Joint Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

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The Deputy Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

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The District Magistrate, East Champaran (Motihari)

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The Sub Divisional Officer, Raxaul, East Champaran

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Rahul Kumar Son of Shobhilal Prasad, Resident of Village-Hirmani, P.S.Chhauradano, District-East Champaran

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr.Ansul, Advocate For the Respondent/s : Mr.Md. Kamil Akhtar, AC to AAG-5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 18-06-2019 The petitioner in the present case is aggrieved by the

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selection procedure adopted by the District Level Selection Committee in the matter of selection of the Public Distribution Shop dealers under the Chhauradano Block in the District of East Champaran.

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It is alleged that the private respondent no. 8 has obtained the license on the basis of a forged certificate in

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Patna High Court CWJC No.2722 of 2019(2) dt.18-06-2019 2/3

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computer application. It is submitted that the petitioner has represented in this regard before the District Magistrate, East Chamaparan, Motihari vide Annexure ‘5’ to the writ application but the same has not been looked into and no attention has been paid to the complaint made by the petitioner.

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Learned counsel representing the State submits that the writ application may be disposed off with a direction to the District Magistrate to look into the complaint of the petitioner, inquire into the same and in case it is found that the complaint of the petitioner is genuine, further steps may be taken by the District Magistrate, East Champaran in accordance with law.

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After hearing learned counsel for the parties, in the aforesaid facts and circumstances of the case, this Court directs the District Magistrate, East Champaran (Respondent No. 6) to look into the complaint/representation of the petitioner as contained in Annexure ‘5’ to the writ application, examine the same and take an appropriate view of the matter after hearing all concerned.

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In case the District Magistrate decides to proceed with the inquiry, the private respondent shall also be given an opportunity to participate in the same and defend himself.

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Let the whole exercise be completed within a period

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Patna High Court CWJC No.2722 of 2019(2) dt.18-06-2019 3/3

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of four months from the date of receipt/production of a copy of this order.

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This writ application stands disposed off accordingly.

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(Rajeev Ranjan Prasad, J)

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avin/-ved

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Chandan Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

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Chandan Kumar v. The State Of Bihar and Ors.

Case brief

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