The court disposed of a writ petition questioning an advertisement for allotment of shops under the Public Distribution System. The High Court held that the remedy lies under the specific statute before the designated forum, not through public interest litigation.
Writ petition dismissed; application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5767 of 2018
======================================================
Md. Mogees Son of Md. Manower, Resident of Village Moulanapur, P.S. Block- Barsoi, District- Katihar.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Md. Qumrul Hoda For the Respondent/s : Mr. Alok Ranjan AC to Aag5
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 19-07-2019
Counsel for the parties are present.
The petitioner questions the advertisement bearing Advertisement No. 01/2017-18, inviting applications for allotment of shop under the Public Distribution System (PDS).
Mr. Alok Ranjan, learned Assisting Counsel to AAG-5
informs that the advertisement has been given effect to as the selections have been made.
Patna High Court CWJC No.5767 of 2018 dt.19-07-2019 2/2
In such view of the matter and apart from the fact that the issues of the present kind where statutory advertisement is being questioned on its merit, the remedy would be under the statute in particular and before the forums specific, but not by way of Public Interest Litigation.
In such view of the matter, we dispose of this writ
petition.
(Jyoti Saran, J)
sushma/-
| sushma/- | ( Partha Sarthy, J) | |
|---|---|---|
| AFR/NAFR | NAFR | |
| CAV DATE | NA | |
| Uploading Date | 25.7.19 | |
| Transmission Date | NA |
2 issues framed by the court
Whether a writ petition can maintainable to question the merit of a statutory advertisement inviting applications for allotment of a shop under PDS.
Whether the appropriate remedy lies before the specific statutory forum or by way of Public Interest Litigation.
Md. Mogees
The State Of Bihar and Ors
Jyoti Saran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
