The High Court directed the Divisional Commissioner to inquire into a complaint regarding the grant of a license to respondent No. 8, ensuring she is heard despite her absence.
Direction to Divisional Commissioner to inquire and pass order within 60 days if a complaint is filed within 30 days.
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.20299 of 2019
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Priyanka Devi Wife of Satyendra Kumar Gupta, Resident of Village- Niyay, P.O.- Muradabad, P.S. Agrer, District- Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC4
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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. Upendra Pratap Singh for the
State.
The learned counsel for the petitioner has challenged the grant of licence to respondent no. 8 on
the ground that her candidature is better and that the
Patna High Court CWJC No.20299 of 2019(2) dt.13-01-2023 2/3
complaint registered against selection of respondent no. 8 as a licensee was never adverted to.
Considering the nature of controversy raised by the petitioner and 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 deem it appropriate to direct that if a suitable complaint in that regard is filed by the petitioner within a period of 30 days before the Divisional Commissioner, the Divisional Commissioner shall take up the matter hear all stakeholders including respondent no. 8 and shall pass an order within the next 60 days.
The order so passed by the authority shall be
made available to the petitioner as well as the Respondent No. 8.
We have specifically asked Respondent No. 8 to be heard by the Divisional Commissioner as the present
Patna High Court CWJC No.20299 of 2019(2) dt.13-01-2023 3/3
order is being passed in her absence.
The writ petition stands disposed of accordingly.
(Ashutosh Kumar, J)
(Satyavrat Verma, J)
Rishabh/Rishi
U
3 issues framed by the court
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...
...
2 provisions across 1 enactments
Priyanka Devi
State of Bihar
The District Magistrate Cum Chairman, District Selection Committee
The Sub Divisional Officer Cum Licensing Authority
The Block Development Officer
The District Public Grievance Redressal Cell
Ashutosh Kumar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
