PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 3:

1.The writ petition is filed for the following relief:-

"For issuance of writ of appropriate nature, order or direction quashing proceeding and decision of PDS Selection Committee, Purnia held under chairmanship of the Collector Purnia dated 29.09.2018, so far it concerns to Kohbara Panchayat PDS license selection, where under Respondent No. 9 Pratima Kumari has illegally and discriminately selection for PDS license at Kohbara Panchayat ignoring the petitioner, who is higher in merit list and entitled to be selected and appointed PDS dealer of Kohbara Panchayat under Krityanand Nagar Anchal, district Purnia. The petitioner's name figures in the medhasuchi and fulfills all criteria for selections also prays for direction to appoint her PDS dealer in Kohbara Panchayat under Krityanand Nagar Anchal and to cancel PDS license of respondent no. 9 based on illegal and faulty selection.

The petitioner also prays for interim order for stay of grant of PDS license for Kohbara Panchayat during pendency of this case."

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/MTUjMjM0MjYjMjAxOCMxI04=-CupZOZlFWv0=

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