Anita Devi Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : M/s Pankaj Kumar Sinha Nadimul Hasan, Dilip Kumar, Advocates For the Respondent/s : Mr. S. Raza Ahmad, AAG 5 ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT

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Date : 24-02-2025

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Heard the Learned counsel for the

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parties.

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The petitioner has filed the Writ petition for the following reliefs:

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“i.) For issuance of appropriate Writ/ writs, Direction/ Directions to the concerning Respondents authorities to make a fresh Megha suchi for appointment of New PDS License shop according the Guide line -2016 under Ramdeli panchayat under Block

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Patna High Court CWJC No.23597 of 2018 dt.24-02-2025 2/5

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Jalalgarh of District Purnea, where the Respondent no. 3 the District Magistrate due to his administrative exigency have committed irregularities for selection of New PDS dealer and selected wrong person (as such Respondent no.6) for New License of PDS shop on the basis of notified wrong Megha suchi dated 29.9.2018 and which is not according Guide line 2016 for distribution of License of New PDS shop.

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ii) For issuance appropriate Writor writs, direction or directions to the concerned Respondents to take appropriate action against the wrong Megha suchi and wrong selection of New PDS dealer under Ramdali panchayat, Block jalalgarh Distpurnea and immediate stop further process as such Distribution of License of PDS shop according to the prepared Megha suchi dated 29.9.2018 to the Respondent no.6 namely punam kumari.

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Iii) For issuance of appropriate writ, order or direction to quash the letter memo dated 29.9.2018 by which the Respondents authorities have issued a

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wrong selection list for a New License of PDS shop under Ramdali Panchayat Block jalalgarh District purnea and selected Respondent no.6 for New PDS dealer.

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iv) For any other relief or reliefs for which the petitioner are found entitled to in the opinion of this Hon'ble court..”

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At the very outset, Learned counsel for the petitioner submitted that since this matter is squarely covered under the order dated 02.02.2024 passed in CWJC No. 22506 of 2018 (Anu Kumari Vs. The State of Bihar & Ors.) by a coordinate Bench of this Court, this Writ petition may also be disposed of on the same terms and conditions.

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The Learned counsel for the respondents has stated that the representation made by the petitioner is of the year 2018 and may not be available in the office of the Divisional Commissioner. The Learned counsel has stated that as per notification dated 21.07.2022 to the

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Bihar Authority and Public Distribution System Control, IInd Amendment Order – 2022 the present Writ Petition may be disposed off.

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Accordingly, the present Writ petition is disposed off with a direction to the petitioner to approach the Divisional Commissioner ventilating his grievance against a selection of the respondent no. 6 as a PDS dealer within a period of six weeks from today.

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On such representation being made, the Divisional Commissioner shall consider the same on its own merit duly putting all the parties on notice and then passing a reasoned order.

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The entire exercise shall be completed within a period of four weeks from the date of the receipt of the copy of the complaint by the Divisional Commissioner.

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It is needless to mention that before passing any order, the Divisional Commissioner shall give an opportunity of hearing to the parties. Any order passed, shall be communicated to the parties.

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