Disposed

Sarjan Kumar v. The State of Bihar

Patna HC6 Dec 2022CWJC/4470/2020

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging the grant of an FCI licence to a former MLA. It directed the Commissioner, Siwan, to conduct an inquiry and pass a final reasoned order within 60 days regarding the petitioner's grievance and respondent's suitability.

What did the court decide?

Direction to the Commissioner, Siwan, to inquire into the matter after hearing stakeholders and pass a final reasoned order within 60 days.

Sarjan Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4470 of 2020

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Sarjan Kumar Son of Harinath Ram Resident of Village- Bhamopali, P.S.Barharia, District- Siwan.

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... ... Petitioner/s

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Versus

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

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The District Magistrate, Siwan.

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The District Supply Officer, Siwan.

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The Sub-Divisional Officer, Siwan Sadar, Siwan.

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The Block Development Officer, Barharia, District- Siwan.

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The Mukhiya, Gram Panchayat Raj- Bhamopali, Anchal- Barharia, DistrictSiwan.

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Krishna Kumar Ranjan Son of Late Narayan Ram (Ex-MLA), Resident of Village- Bhamopali, P.S.- Barharia, District- Siwan.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rabindra Kumar Tiwary For the Respondent/s : Mr.Vijay Kumar Sinha

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======================================================

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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 : 06-12-2022

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Heard Mr. Rabindra Kumar Tiwary, learned

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Advocate for the petitioner and Mr. Vijay Kumar Sinha

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Patna High Court CWJC No.4470 of 2020 dt.06-12-2022 2/4

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for the State.

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The petitioner is aggrieved by the grant of

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licence to respondent no. 7, notwithstanding the fact that he had represented the Ward and there is a proscription under the Bihar Targeted Public Distribution System (Control) Order, 2016 for granting licence to such persons.

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The further grievance of the petitioner is that respondent no. 7 did not have computer ability certificate, whereas the petitioner was computer literate and he should have been given preference for grant of licence.

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Mr. Sinha, learned counsel for the State, on the other hand, submits that respondent no. 7 had resigned from that position much before, whose resignation had been accepted and respondent no. 7 was granted licence after he was found to be the most suitable of the contenders.

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However, in view of the nature of controversy

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Patna High Court CWJC No.4470 of 2020 dt.06-12-2022 3/4

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raised by the petitioner as also in view of the notification dated 21.07.2022, issued by the government in exercise

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of the powers referred 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, this Court deems it appropriate to direct that, in case a suitable complaint/representation is made by the petitioner before the Commissioner of the Division, Siwan within a period of 15 days, he 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 60 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 respondent no.7 forthwith.

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We have specifically asked respondent no. 7 to be heard by the Commissioner of Division, Siwan as the present order is being passed in his absence.

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Patna High Court CWJC No.4470 of 2020 dt.06-12-2022 4/4

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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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Mahesh/Sonali

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	09.12.2022
Transmission Date	N/A

Sarjan Kumar v. The State of Bihar

Case brief

What is this about?

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Sarjan Kumar v. The State of Bihar

Case brief

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