Outstanding writ application seeking to quash a provisional selection list for a PDS license. The court disposed of the matter by granting liberty to file an appropriate appeal before the District Magistrate within 30 days.
Liberty to file an appeal before the District Magistrate within 30 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.761 of 2019
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Birendra Kumar Singh, Son of Bishnudhari Singh, Resident of VillageSikiyaha, Ward No. 11, Post Office- Bhatni, Block and Anchal- Kumar Khand, Police Station- Kumar Khand, District- Madhepura.
Patna High Court CWJC No.761 of 2019(3) dt.01-08-2019 2/3
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
3 01-08-2019
This writ application has been preferred for issuance
of writ of certiorari to quash and cancel the impugned Memo dated 22.09.2018 as contained in Annexure ‘4’ to the writ application by which the District Level Selection Committee under the Bihar Targeted P.D.S. (Control) Order, 2016 (hereinafter referred to as the “Control Order, 2016”) has issued a provisional selection list for grant of licence.
Learned counsel for the petitioner submits that now final selection has also been made whereunder the private respondent no. 15 has been selected.
In the writ application disputes have been raised with respect to the place of godown which had been made available by respondent no. 15 and that the petitioner being elder in age he should have been given priority in terms of the guidelines.
Learned counsel for the State submits that in the given facts and circumstances it would have only appropriate that the entire matter be examined by the District Magistrate (respondent no. 6), Madhepura afresh and a decision be taken thereon after hearing all concerned.
Learned counsel for the petitioner submits that the petitioner has already represented before the District Magistrate
Patna High Court CWJC No.761 of 2019(3) dt.01-08-2019 3/3
vide Annexure ‘3’. Learned counsel then submits that he would prefer an appeal in terms of Rule 32 of the Control Order, 2016 before the respondent no. 6 within a period of 30 days from today.
In the given facts and circumstances of the case, the writ application is being disposed of with liberty to the petitioner to file an appropriate appeal before the District Magistrate, Madhepura (respondent no. 6) within a period of 30 days from today.
If such an appeal is preferred the same will be considered and disposed of within 90 days on receipt thereof, and after hearing all concerned, a reasoned order in this respect will be communicated to the petitioner immediately thereafter. All contentions are left open to the petitioner.
The writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
Birendra Kumar Singh
The State Of Secretary Food and Consumer Protection
Rajeev Ranjan Prasad
As recorded by the court registry
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