Patna High Court
Dharmendra Sharma vs The State Of Bihar on 21 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5591 of 2021
======================================================
Dharmendra Sharma S/o Shri Ramswaroop Sharma Resident of Chandi
Mahto Tola, Tikarampur, P.S. Mufassil, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Government of Bihar, Patna.
2. The Collector, Munger.
3. The District Supply Officer, Munger.
4. The Sub Divisional Officer, Sadar, Munger.
5. The Block Supply Officer, Sadar, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-4
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 21-02-2022
Heard Mr. N.K. Agarwal, learned Senior Advocate
for the petitioner and Mr. Upendra Pratap Singh, AC to
SC-4 for the State.
The order dated 17.12.2020 passed by the
S.D.O., Sadar, Munger is under challenge.
Kamal Kumar @ Kamal Kishore was the Chairman
of Mahadeo Jan Seva Sansthan Samiti in whose name the
licence to run the PDS shop was given. Aforesaid Kamal
Kumar @ Kamal Kishore resigned. This necessitated
change in the name of the licensee for which necessary
application was made before the licensing authority. That
Patna High Court CWJC No.5591 of 2021 dt.21-02-2022
request has been turned down on the ground of the licence
under the PDS scheme to be non-transferable as provided
under Rule 16 of the Bihar Targeted P.D.S. (Control)
Order, 2016.
Mr. Agarwal submits that Rule 16 provides for
transfer of licence and there is a proscription in the rule of
the licence being non-transferable in the name of any
member of a family or of any other person. There is a
further embargo in inducting any partner in such licence.
Mr. Agarwal, therefore, contends that this
provision is limited to the individual licensees and ought
not to be applied in cases of licence of self-help groups or
of co-operative societies.
Nothing has been brought on record to indicate
the procedure by which the post of Chairman of the Co-
operative society would be filled up in case of his
resignation or the post falling vacant for any other reason.
In order to cover the aforesaid circumstance, it is
the requirement under the Bihar Targeted P.D.S. (Control)
Order, 2016 that such co-operative societies desirous of
obtaining licence need to apply for the same under
Schedule 2 to the Bihar Targeted P.D.S. (Control) Order,
2016.
One of the inputs which is required to be given
for obtaining licence in the name of a co-operative society
Patna High Court CWJC No.5591 of 2021 dt.21-02-2022
or a self-help group is the details of the members of the
Managing Committee of such society.
It has also to be informed that in case such
Managing Committee is superceded, who would be named
and designated as an Administrator.
Perhaps the petitioner did not specify before the
licensing authority while making a request for transfer of
licence in name of the Treasurer of the co-operative
society that in the absence of Chairman, either by way of
his resignation or the post falling vacant for any other
reason, the Treasurer would be the in-charge administrator
in the interregnum.
When such information has not been provided,
the only order which could have been passed by the
authority was rejection in view of Rule 16.
Mr. Agarwal submits that at present he is not
aware whether such information was provided by the co-
operative society while obtaining licence in its name.
We are therefore inclined to dispose of this writ
petition by directing that in case a fresh application is
made before the Licensing Authority with necessary inputs
as noted above, it shall be considered by the concerned
authority and an order shall be passed without any delay,
preferably within a period of eight weeks of filing of such
representation and that shall be intimated to the petitioner.
Patna High Court CWJC No.5591 of 2021 dt.21-02-2022
Needles to say that the order shall be a speaking
order.
With the aforesaid direction/observation, the writ
petition is disposed of.
(Ashutosh Kumar, J)
( Anjani Kumar Sharan, J)
krishna/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 23.02.2022
Transmission Date NA
