The High Court dispensed with the hearing, directed the petitioner to file a representation before the Divisional Commissioner within 30 days for a reasoned order within 60 days, and disposed of the writ petition.
Petitioner directed to make representation to Divisional Commissioner within 30 days; Commissioner to pass reasoned order within 60 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3514 of 2020
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Anil Sahu S/o Sri Ratan Sahu, R/v-Tilkeshwar, P.O.-Tilkeshwar, P.S.Kusheshwar Asthan, Distt.-Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate For the Respondent/s : Mr.S. Raza Ahmad (AAG 5)
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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)
Date : 23-11-2022
Heard the learned counsel for the petitioner and
the State.
In view of the nature of controversy raised on
behalf of the petitioner as also in view of the notification
dated 21.07.2022, issued by the government in exercise
of the powers conferred under Sections 3 and 5 of the
Patna High Court CWJC No.3514 of 2020 dt.23-11-2022 2/3
Essential Commodities Act, 1955 read with Clause-36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we are of the view that the dispute would be resolved, if a suitable representation/complaint is made before the Divisional Commissioner of the concerned Division, i.e., Darbhanga.
Should a suitable representation/complaint be made before the concerned Divisional Commissioner within a period of 30 days, he shall look into the matter and after hearing all the stakeholders, including private Respondent No. 6, shall pass a reasoned order within a period of 60 days, which shall be communicated to the petitioner and other stakeholders, including private Respondent No. 6.
The order so passed by the authority shall be made available to the petitioner as well as respondent no. 6 forthwith.
We have specially asked for private Respondent No. 6 to be heard by the Divisional Commissioner for the
Patna High Court CWJC No.3514 of 2020 dt.23-11-2022 3/3
reason that this order has been passed in his absence.
The writ petition is accordingly disposed of.
(Ashutosh Kumar, J)
( Nawneet Kumar Pandey, J)
Mahesh/HR
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 28/11/2022 |
| Transmission Date | N/A |
1 issue framed by the court
Whether the writ petition should be disposed of by directing the petitioner to make a complaint before the Divisional Commissioner.
2 provisions across 2 enactments
Anil Sahu
The State of Bihar through the Chief Secretary
Ramakant Raman
Ashutosh Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
