BIRJU THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for commanding the respondents to cancel the PDS license of the Respondent No. 10 as also to take legal action against the Respondent No. 10 by instituting an FIR.

(2.) The case of the petitioner is that the petitioner is a consumer of the Respondent No. 10, namely, Channu Sah, who is a public distribution system dealer cum Madhuban PACS Chairman and has been granted PDS license for running PDS shop in the Madhuban Block, District-East Champaran. It is also the case of the petitioner that the petitioner was not given food-grains by the Respondent No. 10 in the month of May, 2016 and in fact, he had sold the food-grains allotted to him in the month of May, 2016 in black market. The petitioner is stated to have approached the Bihar Public Grievances Redressal Forum, whereupon the Sub-Divisional Public Grievance Redressal Officer, Sub-Division, Pakridyal, by an order dtd. 24/12/2016, had forwarded the case of the petitioner to the Sub-Divisional Officer, Pakridyal, to take appropriate action. Thereafter, the petitioner had filed an appeal before the First Appellate Authority cum Additional Collector (Public Grievance Redressal), East Champaran, Motihari, on 23/1/2017, whereupon, the First Appellate Authority, by an order dtd. 26/4/2017, had directed the Sub-Divisional Officer cum Licensing Authority, Pakridyal, to get the forged signature of the petitioner made in the distribution register compared with the actual signature of the petitioner by sending both the signatures to the Crime Investigation Department, Patna and after receipt of the report, take appropriate action in accordance with law. It is further stated by the petitioner that the Sub-Divisional Officer, Pakridyal, vide letter dtd. 20/9/2018, had sent the specimen signature of the petitioner alongwith the original register of the Respondent No. 10 to the Crime Investigation Department.

(3.) It appears that the petitioner had earlier filed a writ petition bearing CWJC No. 19123 of 2017 before this Court for implementation of the aforesaid order dtd. 26/4/2017, passed by the First Appellate Authority, however, the petitioner had withdrawn the said writ petition with liberty to take recourse to filing of a second appeal for redressal of his grievances, in pursuance whereof, the petitioner had filed a second appeal before the District Magistrate, East Champaran, on 2/3/2019. The District Magistrate, East Champaran, vide order dtd. 23/10/2019, had disposed of the aforesaid second appeal filed by the petitioner with advice to the petitioner to seek redressal of his grievances before the appropriate authority in accordance with law. The petitioner had then filed a revision petition before the learned Commissioner, Tirhut Division, Muzaffarpur, on 5/11/2019, however, the same is still stated to be pending adjudication.