Disposed

Gyanti Yadav v. The State of Bihar

Patna HC11 Nov 2022CWJC/7159/2022

Case brief

AI extract

What is this about?

Petitioner sought a PDS license, claiming selection from a backward quota but exclusion from document verification alongside other candidates. Court directed Divisional Commissioner to decide after hearing stakeholders within specified time limits under the Essential Commodities Act. Petition disposed.

What did the court decide?

Petitioner directed to make representation to Divisional Commissioner within 30 days; Commissioner to decide after hearing stakeholders within 90 days.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7159 of 2022

¶2

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

¶3

Gyanti Yadav W/o Prabhat Chandra Kumar R/o Kala Diyara, P.S.- Salimpur, Dist- Patna, Bihar.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

¶7

The District Magistrate, Patna.

¶8

The Sub-Divisional Officer, Barh, Patna.

¶9

... ... Respondent/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Vishal Vikram Rana, Adv. For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC$ ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

¶11

Date : 11-11-2022

¶12

Heard Mr. Vishal Vikram Rana, learned advocate

¶13

for the petitioner and Mr. Upendra Pratap Singh for the State.

¶14

In the instant writ petition, the petitioner prays for

¶15

issuance of PDS license to her in view of the merit list dated 30.10.2017 issued from the office of District Magistrate, Patna whereby she got selected from the backward quota bearing roaster no.421 of the same.

¶16

Patna High Court CWJC No.7159 of 2022 dt.11-11-2022 2/3

¶17

Learned counsel for the petitioner submits that altogether five candidates were selected for respective PDS shops including the petitioner but, on 16.11.2017, only two candidates from E.B.C. and Harijan quota were called for document verification and were subsequently issued license but rest of the three individuals including the petitioner were lef out without any reason whatsoever.

¶18

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 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 afer hearing all the stakeholders, shall pass a final order within a further period of 90 days, giving reasons in support of the decision taken by him.

¶19

The order so passed by the authority shall be made available to the petitioner.

¶20

Patna High Court CWJC No.7159 of 2022 dt.11-11-2022 3/3

¶21

With the aforestated observation and direction, the

¶22

writ petition stands disposed.

¶23

(Ashutosh Kumar, J)

¶24

( Nawneet Kumar Pandey, J)

¶25

rishi/-

¶26

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	17.11.2022
Transmission Date

Gyanti Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gyanti Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Munni Devi Vs The State of Bihar and Ors.

Kamlesh Kumar Thakur Vs Anil Kumar

M/s Rajkishore Saw Mill,Labhra-Panchanpur P.S. Tekari, District-Gaya a Proprietorship Firm through Vs The State Of Bihar and Ors.

Nibha Kumari Vs The State of Bihar

Sarita Devi Vs The State of Bihar

Mithilesh Kumar Vs The State of Bihar