2023 Supreme(Online)(Pat) 5671
PATNA HIGH COURT
Mr. Justice Satyavrat Verma
Pratima Kumari – Appellant
Versus
The State Of Bihar and Ors – Respondent
CWJC/1981/2019
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1981 of 2019
======================================================
Pratima Kumari W/o Devbrat Kumar Mohalla-Ward No. 26, Madhepura, P.s.
and Distt.-Madhepura
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors through the Principal Secretary, Department of
Food and Civil Supplies, Govt of Bihar, Patna
2.
The Divisional Commissioner Koshi Division, Saharsa
3.
The District Officer-cum-District Magistrate Madhepura
4.
The District Supply Officer Madhepura
5.
The Sub-Divisional Officer Madhepura
6.
The Block Supply Officer Madhepura, Distt.-Madhepura
7.
Bibha Kumari W/o Saroj Kumar Resident of Ward no. 26, Madhepura, P.s.
and Distt.- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Pramod Mishra
For the Respondent/s
:
Mr. Anisul Haque
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3
02-02-2023
Heard the learned counsel for the parties.
Mr. Pramod Mishra, the learned Advocate for the
petitioner submits that notwithstanding respondent No. 7 not
having been recommended for consideration of grant of
license, she has been granted license to the exclusion of the
petitioner and other more eligible candidates.
The learned counsel for the petitioner has further
Patna High Court CWJC No.1981 of 2019(3) dt.02-02-2023
2/2
pointed out that all the loopholes in the application of
respondent No. 7 was removed for which the authorities
were in collusion and the claim of the petitioner which is
definitely better than respondent No. 7, has been rejected.
In view of the nature of controversy raised on
behalf of the petitioner, we direct that in the event of the
petitioner making a suitable representation / complaint
before the concerned Divisional Commissioner within a
period of 30 days, he shall look into the matter and after
hearing all the stakeholders, including respondent no. 7,
shall pass a final order within a further period of 60 days,
giving reasons in support of the decision taken by him.
The order so passed by the authority shall be
made available to the petitioner as well as respondent no.
7 forthwith.
The writ petition stands disposed of accordingly.
sharun/sunil-
(Ashutosh Kumar, J)
( Satyavrat Verma, J)
U