The Patna High Court disposed of a writ challenging the grant of licenses to two private individuals. It held that the matter be remanded to the Divisional Commissioner to inquire and record reasons after hearing all parties.
Matter remanded to Divisional Commissioner to investigate and pass a reasoned order after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14513 of 2019
======================================================
Pravin Kumar Sharma Son of Jai Chandra Kumar Sharma Resident of Village and Post Office- Bharthua, Ward No.4, P.S. Aurai, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha For the Respondent/s : Mr. Alok Ranjan
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
for the petitioner and Mr. Alok Ranjan, the learned Advocate for the State.
The petitioner is aggrieved by grant of license
to both the private respondent Nos. 6 and 7 on the ground that their selection as licensees was not in
Patna High Court CWJC No.14513 of 2019(2) dt.20-01-2023 2/3
accordance with the provisions contained in the Bihar Targeted Public Distribution System (Control) Order, 2016.
It has been submitted on behalf of the petitioner that they have been selected in different categories than what they had applied for and that they were not even recommended by the authorities for being selected by the District Selection Authority.
In view of the nature of controversy raised by the petitioner against the grant of license to private respondent Nos. 6 and 7, we deem it appropriate to relegate the matter to the Divisional Commissioner 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.
Should a suitable representation / complaint be made by the petitioner before the concerned Divisional
Patna High Court CWJC No.14513 of 2019(2) dt.20-01-2023 3/3
Commissioner within a period of 30 days, the Divisional Commissioner shall look into the matter and after hearing all the stakeholders, including respondent Nos. 6 and 7, shall pass a reasoned order within a further period of 60 days.
We have specifically asked for giving hearing to respondent Nos. 6 and 7 as the present order is being passed in their absence.
Needless to state that the Divisional
Commissioner shall pass a reasoned order and shall make available the copies of such order to all the stakeholders, forthwith.
With the afore-noted observation/direction, the
writ petition is disposed of accordingly.
(Ashutosh Kumar, J)
( Satyavrat Verma, J)
sunilkumar/-
U
1 issue framed by the court
Whether the grant of license to the private respondents violates the Bihar Targeted Public Distribution System (Control) Order, 2016.
2 provisions across 2 enactments
Pravin Kumar Sharma
The State of Bihar
The Commissioner, Tirhut Division
The District Magistrate, Muzaffarpur
The District Supply Officer, Muzaffarpur
Ujjwal Kumar
Ashutosh Kumar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
