Disposed

Rekha Kumari v. The State Of Bihar and Ors.

Patna HC24 Nov 2022CWJC/400/2019

Case brief

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What is this about?

The High Court of Judicature at Patna disposed of a writ petition by directing the petitioner to approach the Divisional Commissioner with a complaint within 30 days for a final order to be passed within 90 days after hearing all stakeholders, due to the nature of the controversy involving government food supply regulations.

What did the court decide?

Writ petition disposed; petitioner directed to approach Divisional Commissioner within 30 days for final order within 90 days.

Rekha Kumari Vs The State Of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.400 of 2019

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Rekha Kumari, W/o Lakshman Kumar, RO- village- Kothiya hari ram, P.OMehsi Kothiya Hari Ram, P.S- Mehsi, District- East Champaran.

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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, Govt. of Bihar, Patna.

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The Principal Secretary, Food and Civil Supply, Bihar, Patna.

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The District Magistrate, East Champaran.

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The District Supply Officer, East Champaran.

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The Sub Divisional Officer, Chakia, East Champaran.

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Arun Kumar, S/o Vijay Ram, RO- Village-Kankati, P.S.- Mehsi, P.O.Kothiya Hari ram, District- East Champaran.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Alok Ranjan, Adv. For the State : Mr. Anisul Haque, Adv.

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

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and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 24-11-2022

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Heard Mr. Alok Ranjan, the learned Advocate

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for the petitioner and Mr. Anisul Haque, the learned

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Patna High Court CWJC No.400 of 2019 dt.24-11-2022 2/3

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counsel for the State.

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In view of the nature of controversy raised

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by 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 Essential Commodities Act, 1955 read with Clause-36 of the Bihar Targeted Public Distribution System (Control) Order, 2016, we are of the view that it would be appropriate to refer the matter to the Divisional Commissioner for resolution of such dispute.

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Should the petitioner make a suitable representation/complaint before the concerned Divisional Commissioner within a period of 30 days, he shall look into the matter and after hearing all the stakeholders including respondent No. 6, shall pass a final order within a further period of 90 days, giving reasons in support of the decision so taken by him.

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The order so passed by the authority shall

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be made available to the petitioner as well as respondent

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Patna High Court CWJC No.400 of 2019 dt.24-11-2022 3/3

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No.6 forthwith for the needful.

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We have specifically asked respondent No.

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6 to be heard by the Divisional Commissioner as the

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present order is being passed in his absence.

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The writ petition stands disposed of

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accordingly.

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(Ashutosh Kumar, J)

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(Nawneet Kumar Pandey, J)

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PraveenII/Anuradha

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	28/11/2022
Transmission Date	N/A

Rekha Kumari v. The State Of Bihar and Ors.

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Rekha Kumari v. The State Of Bihar and Ors.

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