Disposed

Nita Kumari v. The State of Bihar

Patna HC9 Nov 2022CWJC/2596/2020

Case brief

AI extract

What is this about?

The High Court of Patna disposed of the writ petition directing the Divisional Commissioner to inquire into the petitioner's grievance regarding the license granted to respondent No.7. The court ordered the authority to hear all stakeholders before passing a final reasoned order within a stipulated timeframe.

What did the court decide?

The writ petition stands disposed of pending a final order by the Divisional Commissioner under the directive to look into the matter and pass an order within 90 days.

Nita Kumari Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2596 of 2020

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Nita Kumari Wife of Rajesh Kumar Resident of Siyaram Colony, Belaganj, P.S. Bodhgaya, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar.

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The Divisional Commissioner Magadh Division, Gaya.

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District Magistrate, Gaya.

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Sub-Divisional Officer, Sadar, Gaya.

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Sub-Divisional Officer, Sadar, Gaya.

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Block Supply Inspector, Belaganj, District Gaya.

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Soni Kumari W/o Barjesh Kumar R/o Village Ghasi Bigha, P.O. Samaspur, P.S. Belganj, District Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Adv. For the Respondent/s : Mr.Alok Ranjan, AC to AAG5

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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Date : 09-11-2022

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Heard Mr. Ashok Kumar learned advocate for the petitioner and Mr. Alok Ranjan for the State.

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The petitioner has laid a grievance that the private respondent no.7 has been granted license to her exclusion in a wrong manner.

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It has been urged on behalf of the petitioner that she has better qualification than the private respondent no.7 and that the private respondent no.7 is a resident of a village which is three

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Patna High Court CWJC No.2596 of 2020 dt.09-11-2022 2/3

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kilometers away from the place for which the advertisement was issued. It has also been contended that the respondent no.7 had not submitted her character certificate as well as the matriculation certificate along with her application but, even then, she was selected against the candidature of the petitioner.

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In view of the nature of the dispute having been raised by the petitioner as also the notification dated 21.07.2022 issued by the Government in exercise of the powers conferred under Sections 3 and 5 of the Essential Commodities Act, 1955 read with Clause-36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we direct that in the event of the petitioner making a suitable representation/complaint before the concerned Divisional Commissioner within a period of 30 days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including Respondent No. 7, shall pass a final order within a further period of 90 days, giving reasons in support of the decision taken by him.

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The order so passed by the authority shall be made available to the petitioner as well as the Respondent No. 7.

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We have specifically asked Respondent No. 7 to be heard by the Divisional Commissioner as the present order is being passed in his absence.

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Patna High Court CWJC No.2596 of 2020 dt.09-11-2022 3/3

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With the aforestated observation and direction, the writ

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petition stands disposed of.

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(Ashutosh Kumar, J)

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( Nawneet Kumar Pandey, J)

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rishi/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	11.11.2022
Transmission Date

Nita Kumari v. The State of Bihar

Case brief

What is this about?

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Nita Kumari v. The State of Bihar

Case brief

What is this about?

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