Petitioner challenged the selection of Sajjan Das as PDS dealer alleging non-compliance with guidelines regarding godown location. Single judge directed District Magistrate to examine grievance within 60 days and disposed of Writ Application.
Directed District Magistrate to examine petitioner's grievance and take appropriate decision within 60 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3638 of 2019
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Chhote Lal Das, Male, aged about 27 years, Son of Jagan Das, Rsident of Village Jaipura, Ward No.1 Under Gram Panchayat Maura Kabiyahi, Block and Police Station-Maura Kabiyahi, District-Madhepura.
... ... Petitioner
Versus
Patna High Court CWJC No.3638 of 2019(2) dt.04-07-2019 2/4
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr.Shekhar Kumar Singh For the Respondent/s : Mr.Arvind Ujjwal (Sc4) ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 04-07-2019
The grievance of the petitioner in the present case is against the order dated 22.09.2018 issued by the District Level Appointment Committee under the Chairmanship of District Magistrate, Madhepura by which the provisional selection list of the PDS dealer of the Gram Panchayat – Maura Kabiyahi in Block – Shankarpur, District – Madhepura has been issued. He is further aggrieved by the selection of respondent no. 21 for the grant of PDS shop license, as according to the petitioner, the respondents are not following the guidelines framed by the Food and Consumer Protection Department, Government of Bihar for allotment of foodgrains, oil etc. It is his further case that the godown land of the private respondent is outside Maura Kabiyahi village whereas the godown of the petitioner is situated in Maura Kabiyahi, but on the basis of a wrong
Patna High Court CWJC No.3638 of 2019(2) dt.04-07-2019 3/4
inquiry report submitted by the Marketing Officer, Madhepura the respondent no. 21 has been selected virtually through a back door entry method. It is submitted that as per the guideline the godown land must be in the same village.
Learned counsel for the State submits that these are the administrative issues and may be better addressed if the District Magistrate, Madhepura, is directed to look into the grievance of the petitioner and even though the grievance is against the decision of the District Level Selection Committee of which the District Magistrate is the Chairman, considering Rule 32 of the Bihar Targeted PDS (Control) Order, 2016, the District Magistrate is still competent to look into the grievance of the petitioner take a decision thereon.
In the given facts and circumstances of the case, considering that the dispute raised by the petitioner with regard to the location of the land of the godown of the private respondent which according to him is not in the village Maura Kabiyahi and that it may be better addressed by the District Magistrate, Supaul taking note of the
Patna High Court CWJC No.3638 of 2019(2) dt.04-07-2019 4/4
materials available on the record as also in the nature of the submissions made on behalf of the State, this court directs the District Magistrate to look into the grievance of the petitioner, examine the same and take an appropriate decision thereon within a period of 60 days from the date of receipt/production of a copy of this order.
This Writ Application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
2 issues framed by the court
Whether the District Level Appointment Committee acted within its jurisdiction in issuing the provisional selection list of the PDS dealer.
Whether the District Magistrate has jurisdiction to look into the grievance regarding the grievance against the selection decision.
Chhote Lal Das
State Of Bihar through the Secretary Food and Consumer Protection, Department, Government of Bihar, Patna
Sajjan Das
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
