PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

1.The writ petition is filed for the following reliefs:

"I. Quashing the part of the Final Selection List issued under the signature of Respondent Nos. 2 to 4 by which the name of Respondent No. 6 be recommended for grant of PDS license in Kanjar Panchayat, within the BlockKochas District-Rohtas at Sasaram without being consider that petitioner is holding higher qualification as well as higher percentage in respect of educational consideration.

ii. Further the respondent be directed specially Respondent No. 3 to decide the objection filed before him on 10.12.2018 by a reasoned order before grant of PDS license in Kanjar Panchayat, within the Block-Kochas District-Rohtas.

iii. Further be pleased to direct the competent authority to grant license in favour of the petitioner in Kanjar Panchayat, within the Block-Kochas District Rohtas as he was suitable candidate in the category of Schedule caste."

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.

(vi) Due to non disposal of the appeal within sixty days by the District Officer or against the order passed in the appeal, a revision may be filed before the Divisional Commissioner. The revision shall be disposed of within two months.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNzYwOSMyMDE5IzEjTg==-uOaFUslkkH4=

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