Remanded

Lata Kumari v. The State of Bihar

Patna HC5 Dec 2022CWJC/8695/2019

Case brief

AI extract

What is this about?

The High Court directed that if a complaint is made regarding the grant of a licence to an ineligible party, the Divisional Commissioner must hear stakeholders and pass a final order within 60 days upon hearing all concerned parties.

What did the court decide?

Writ petition disposed of by directing the Divisional Commissioner to hear the petitioner and respondent no. 5 before passing a reasoned order within 60 days.

Lata Kumari Vs The State of Bihar — Consumer Protection | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8695 of 2019

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Lata Kumari wife of Dev Kumar resident of Village Barahi, Ward No. 4, P.O.Hasanpur, P.S. and District- Madhepura.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

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Collector-cum- District Supply Officer, Madhepura.

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Sub Divisional Magistrate-cum-Assistant District Supply Officer, Madhepura.

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Block Supply Officer-cum- Supply Inspector, District- Madhepura.

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Nilam Rani wife of Ramchandra Thakur resident of Village Barahi, Ward No. 7, P.S. and District- Madhepura.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Mukund For the Respondent/s : Mr.Arvind Ujjwal (SC4) ====================================================== 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: 05-12-2022

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Heard the learned counsel for the petitioner

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and the State.

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The petitioner has challenged the decision of

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the respondent in granting licence to respondent no. 5,

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Patna High Court CWJC No.8695 of 2019 dt.05-12-2022 2/3

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even though she does not qualify for the same.

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In view of the afore-noted controversy raised

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by the petitioner and also in the light of 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 if a suitable complaint/representation is made within a period of 30 days before the Divisional Commissioner, he shall look into the matter and after hearing all the stakeholders, including respondent no. 5, shall pass a final order within a further period of 60 days, giving reason in support of the decision taken by him.

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The order so passed by the authority shall be

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made available to the petitioner as well as respondent no. 5 forthwith.

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We have specifically asked respondent no. 5 to be heard by the Divisional Commissioner as the

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Patna High Court CWJC No.8695 of 2019 dt.05-12-2022 3/3

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present order is being passed in her 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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HR/Sonali/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	09.12.2022
Transmission Date	NA

Lata Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lata Kumari v. The State of Bihar

Case brief

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What did the court decide?

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