Anita Kumari @ Anita Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Anita Kumari @ Anita Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of at admission stage with consent, directing the Divisional Commissioner, Tirhut Division (Respondent No. 2) to consider the petitioner's representation/complaint dated 12.07.2023 against the selection of Respondent No. 7 as PDS dealer and pass a reasoned order, after putting the petitioner and Respondent No. 7 on notice and affording them an opportunity of hearing, completing the exercise preferably within 12 weeks of receipt of the order and communicating the order to the parties.

Issue for consideration

Whether the Divisional Commissioner, Tirhut Division (Respondent No. 2) should consider the petitioner's representation/complaint dated 12.07.2023 against the selection of Respondent No. 7 as PDS dealer and pass a reasoned order.

Court's answer

Without going into the merits or demerits of the case, the writ petition is disposed of at the stage of admission with the consent of both parties.

Ratio / Principle

The Divisional Commissioner (Respondent No. 2) is directed to consider the petitioner's representation/complaint dated 12.07.2023 against the selection of Respondent No. 7 as PDS dealer and pass a reasoned order.

Key takeaways

Before passing any order, the petitioner and Respondent No. 7 shall be put on notice and given an opportunity of hearing; if Respondent No. 7 seeks time to file objections to the complaint, she shall be given ample opportunity to do so.ratio¶¶21
The authority shall endeavor to complete the entire exercise expeditiously, preferably within 12 weeks from receipt of the copy of the order, and any order passed shall be communicated to the parties.ratio¶¶21

Detailed headnote1 paragraphs

Public Distribution System – selection of PDS dealer – writ petition disposed of at the stage of admission with consent of parties, without going into merits – Divisional Commissioner, Tirhut Division (Respondent No. 2) directed to consider petitioner's representation/complaint dated 12.07.2023 challenging selection of Respondent No. 7 as PDS dealer and pass a reasoned order – petitioner and Respondent No. 7 to be put on notice and given opportunity of hearing, with ample time to Respondent No. 7 for filing objections if sought – entire exercise to be completed expeditiously, preferably within 12 weeks from receipt of copy of order – order to be communicated to parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11938 of 2025

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

Anita Kumari @ Anita Devi, Wife of Manish Kumar Bhagat ,Resident of Village- Kuari Chowk, Ward No.-16, Hajipur, P.S.- Ganga Bridge, DistrictVaishali.

... ... Petitioner/s

Versus

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

The Commissioner, Tirhut Division, Muzaffarpur.

The District Magistrate, Vaishali at Hajipur.

The District Supply Officer, Vaishali at Hajipur.

The Sub Divisional Officer, Hajipur, Vaishali.

The Block Supply Officer, Hajipur Block, Vaishali.

Sanju Devi, Wife of Rajendra Bhagat Resident of Village- Kuari Bujurg, Post- Hajipur, P.S.- Ganga Bridge, District- Vaishali.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Prasad, Adv. For the Respondent/s : Mr.Government Advocate (9) ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 04-09-2025

Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties.

2. Having regard to the fact that the petitioner has already approached the Divisional Commissioner Tirhut, Muzaffarpur vide representation/complaint dated 12.07.2023 against the selection of the Respondent No. 7 herein as PDS dealer. The present writ petition is disposed of directing the Divisional Commissioner, i.e., Respondent No. 2 to consider the

Patna High Court CWJC No.11938 of 2025(2) dt.04-09-2025 2/2

said representation/complaint and pass a reasoned order.

3. It is needless to observe that before passing any order the petitioner as well as the Respondent No. 7 shall be put on notice and given them an opportunity of hearing. In case the Respondent No. 7 seeks time for fling any objection to the complaint filed by the petitioner, she will be given ample opportunity for doing so. The authority shall endeavor to complete the entire exercise as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of the copy of this order. Any order passed shall be communicated to the parties.

4. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J)

Bhardwaj/-

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