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2025 DAILYLAW 19307 (PAT)

Raj Kishor Singh v. The State Of Bihar and Ors

CWJC/15805/2018 · 2025-07-23

Smt G Anupama Chakravarthy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15805 of 2018 ====================================================== Raj Kishor Singh son of Dorik Mandal Resident of Village Bandhuli, P.S. Baheri, District - Darbhanga. ... ... Petitioner/s Versus 1. The State Of Bihar through the District Magistrate cum 2nd Appellate Authority of the Pubic Grievance Redressal Cell, Darbhanga 2. The Additional Collector cum 1st Appellate Authority of Public Grievance Redressal Cell, Darbhanga. 3. The S.D.O. Sadar Darbhanga cum Sub-Divisional Public Grievance Redressal Officer, Darbhanga Sub-Div 4. The District Supply Officer, Darbhanga. 5. The Block Supply Officer Baheri Block of Darbhanga District. 6. Radha Krishna Singh, P.D.S. Dealer Vide License No. 111/92 of Bandihuti Village of Gram Panchayat RajInaie of the Baheri Block of Darbhanga District ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Respondent/s : Mr. S. Raza Ahmad- AAG 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 23-07-2025 1. The petitioner has filed the instant application for the following reliefs: “(i) For issuance of direction to the authorities concern to ascertain the distribution of food grains and Kerosine oil by the respondent no. 6 among his consumers including Patna High Court CWJC No.15805 of 2018 dt.23-07-2025 2/7 petitioner as per Bihar Fair Price Control Order Rules. ii). For issuance of direction to the authorities concern to provide the Rashan Cards of some consumers which has been taken by the respondent no. 6 on the pretext for smooth supplying of their food grains and Kerosine oil but that could not be supplied by the respondent no. 6 as yet nor returned their Rashan Cards. iii). For issuance of direction to the authorities concern to stop the malpractices of respondent no. 6 happened with the convenience of respondent no. 5. iv). For issuance of direction to the authorities concern to delete the name of illegal persons as well as the names of deceased from the list of so- called Rashan Card holders of the P.D.S shop of respondent no. 6. v). For issuance of direction to the respondents to take fair and impartial enquiry with regard to complain made by the common public including petitioner also against the respondent no. 6 on several occasion with regard to his malpractice and as Patna High Court CWJC No.15805 of 2018 dt.23-07-2025 3/7 such take proper legal action against the respondent no. 6. vi). For issuance of direction to the authorities concern to provide cash memo to the consumers of respondent no. 6 after taking rupees from them with regard to distribution of food grains and Kerosine oil. vii). For issuance of direction to the authorities concern that the name of petitioner do not tag to another shop from the shop of respondent no. 6 considering his convenience.” 2. At the very outset, Learned counsel for the respondents has drawn the attention of this Court to the averments made in the counter affidavit filed on behalf of respondent nos. 1, 3, 4, and 5 and as well as certain documents relevant for the adjudication of the present case. It has been averred in the counter affidavit that, during the relevant year 2017, effective steps were taken to redress the grievance of the petitioner. In this regard, the Block Supply Officer, Baheri, conducted two successive inquiries into the matter and Patna High Court CWJC No.15805 of 2018 dt.23-07-2025 4/7 submitted reports vide Letter No. 191 dated 13.12.2017 and Letter No. 198 dated 21.12.2017 before the Sub-Divisional Public Grievance Redressal Officer, Darbhanga Sadar, Darbhanga. It is contended that these reports indicate that the petitioner, despite repeated requests made by the Block Supply Officer, intentionally and deliberately refused to accept food grains from the concerned P.D.S. dealer. The reports further indicate that there exists a land dispute between the petitioner's uncle and the said P.D.S. dealer, which appears to have influenced the petitioner's conduct. 3. It is also submitted by the Learned counsel for the respondents that, in compliance with the directions of the 2nd Appellate Authority, P.G.R.O., Darbhanga, the Block Supply Officer, Baheri, once again approached the petitioner by issuing Notice vide Memo No. 75 dated 22.05.2018. Despite these efforts, the petitioner did not cooperate. In furtherance of resolving the grievance, the Block Supply Officer, along with the Mukhiya of the concerned Gram Panchayat, made Patna High Court CWJC No.15805 of 2018 dt.23-07-2025 5/7 physical efforts to contact the petitioner, but those efforts also proved to be unsuccessful. Consequently, a final report was submitted vide Letter No. 91 dated 06.06.2018. Thereafter, the 2nd Appellate Authority, P.G.R.O., Darbhanga (i.e., the District Magistrate, Darbhanga), passed a reasoned order on 14.06.2018 (Annexure 7 to the writ application), against which the present writ petition has been filed. 4. The Learned counsel for the respondents has submitted that the respondents are responsible government officials who have acted diligently and in accordance with law. They have taken all necessary steps, from time to time, to ensure that the petitioner is provided with food grains. However, the petitioner himself was reluctant to accept the food grains from the said P.D.S. dealer, due to reasons best known to him. In view of this, the petitioner was subsequently tagged with another P.D.S. dealer to facilitate the distribution of food grains. 5. The Learned counsel for the Patna High Court CWJC No.15805 of 2018 dt.23-07-2025 6/7 respondents further submitted that the assertions made in paragraph 14 of the writ petition are factually incorrect and do not reflect the actual state of affairs. 6. Heard Learned counsel for the petitioner as well as Learned counsel for the respondents. 7. Upon consideration of the submissions made and upon perusal of the materials on record, including the contents of the writ petition and the reliefs sought therein, this Court is of the considered opinion that the petitioner, for reasons not convincingly explained, deliberately chose, not to receive the food grains provided under the Public Distribution System, despite repeated attempts by the concerned authorities. 8. This Court finds no merit in the writ petition. 9. Therefore, the Writ petition is dismissed as devoid of merits. 10. Interlocutory Application, if any, Patna High Court CWJC No.15805 of 2018 dt.23-07-2025 7/7 shall stands disposed of. Spd/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 25.07.2025 Transmission Date