PATNA, India, Oct. 31 -- Patna High Court issued the following judgment on Oct. 10:
1.The writ petition is filed for the following reliefs:-
"That this is an application for issuance of a writ in the nature of mandamus for directing to the respondnet No. 2 District Level Selection Committee to select the petitioner in place of respondent No. 6 Kaminee Kumari. Petitioner is the senior in all respect to the said Kaminee Kumari it reveals from the Annexure-6 to this application.
It is further prayed to direct the respondent authority to stay the further proceedings of recommendation of respondent No. 2 District Selection Committee dated 09.03.2009 with regard to selection of the PDS dealer of the said Panchayat (Halimpur)
It is also prayed to direct the authority to issue selection list of PDS dealer of Halimpur Panchayat in favour of the petitioner in view of Annexure-6 to this application.
It is also prayed to quash the recommendation of the selection of respondent No. 6 of Halimpur Panchayat on 09.03.2019 by the respondent No. 2"
2.At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:
"32 (iii). Any person aggrieved by an order of the licensing authority denying the issue or renewal of the license to the fair price shop owner or cancellation of the license may appeal to the District Officer within thirty days of the date of receipt of the order and the District Magistrate shall, as far as practicable, dispose the appeal within a period of sixty days."
32. (v) Till the disposal of appeal pending, the Appellate Authority may direct that the order under appeal shall not take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjODI1NSMyMDE5IzEjTg==-FaARfN9NgUw=
Disclaimer: Curated by HT Syndication.