IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12674 of 2008 Chaturanand Poddar, Son of late Suresh Poddar, Resident of Laxmipur Patti, Ward No. 14, PS Tikapatti, District Purnea. ---- Petitioner. Versus 1. The State Of Bihar. 2. The District Magistrate, Purnea. 3. The Sub-divisional Officer, Purnea. 4. Vikas Paswan, Son of Chamal Lal Paswan, Resident of Village Chharav Patti, PS Tikapatti, District Purnea. ----- Respondents. ----------- 3 26.9.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the private respondent. The petitioner is aggrieved by the order of the District Magistrate, Purnea dated 26.3.2008 by which he has granted the P.D.S. licence to run a Fair Price Shop to the respondent no. 4. The case of the petitioner is that the order as framed under Section 3 of the Essential Commodities Act has not been adhered to. Referring the Clause 2.4 of the order, learned counsel for the petitioner submits that he come under the category of being a handicapped person, which category is to be given preference over other. It is also alleged that the respondent no. 4 runs a flour mill and, therefore, he is disqualified by virtue of Clause 2.6. These aspects are disputed questions which cannot be adjudicated by this Court, therefore, it is proper that the District Magistrate, Purnea should hold an enquiry regarding the rival claims of the petitioner and the respondent no. 4 and pass an appropriate order within four months on receipt of a copy of this order. The petitioner and the respondent no. 4 would be at liberty to produce a copy of this order along with their representations and claims before the District Magistrate, Purnea 2 within one month from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)