Disposed

Kameshwar Pandey v. The State of Bihar

Patna HC6 Dec 2021CWJC/9198/2020

Case brief

AI extract

What is this about?

High Court of Patna disposed of a writ petition seeking to quash the rejection of the petitioner's application for P.D.S. dealer selection on compassionate grounds. Council requested withdrawal with liberty to appeal; prayer allowed and case disposed.

What did the court decide?

Prayer for issuance of writ or other relief and for quashing the rejection decision allowed in principle while permitting withdrawal; liberty reserved to prefer appeal.

Kameshwar Pandey Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9198 of 2020

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Kameshwar Pandey, Son of Late Vishvanath Pandey, resident of Village -

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Chausa, P.O. Chausa, Police Station- Buxar (Mufassil), District- Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

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The Chairman, District Level Selection Committee, Buxar.

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The District Magistrate, Buxar cum Chairman, District Supply

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Compassionate/Selection Committee (P.D.S.), Buxar.

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The Sub-divisional Officer, Buxar.

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The District Supply Officer, Buxar.

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The Block Supply Officer, Buxar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Lalit Kishore, AG

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

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Date : 06-12-2021

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Heard learned counsel for the parties.

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The petitioner has prayed for the following relief/s :-

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“for issuance of an appropriate writ

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Patna High Court CWJC No.9198 of 2020 dt.06-12-2021 2/3

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and / or order and / or direction for quashing the decision of District Level Supply Compassionate/Selection Committee, Buxar with respect to the petitioner vide memo no. 041228 dated 22.11.2019 by which the claim of the petitioner for his selection as P.D.S. dealer on compassionate ground has been rejected. The petitioner has received the above said letter through R.T.I. dated 12.02.2020.”

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Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to file appeal before the appropriate authority.

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Prayer allowed.

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He may do so within a period of four weeks.

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Learned counsel for the State states that if any such appeal is preferred by the petitioner within the aforesaid period, limitation shall not come in the way and the appeal shall be heard on merits, to be decided within a period of three months from the date of its filing.

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We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

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We clarify that we have not expressed any opinion on facts and law. All issues are left open.

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Learned counsel for the parties undertake not to take

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Patna High Court CWJC No.9198 of 2020 dt.06-12-2021 3/3

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any unnecessary adjournment in such proceedings.

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The present petition stands disposed of with the

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liberty aforesaid.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Ashwini/Sujit

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AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date

Kameshwar Pandey v. The State of Bihar

Case brief

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Kameshwar Pandey v. The State of Bihar

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