Citation : 2022 Latest Caselaw 1407 Patna
Judgement Date : 25 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1741 of 2022
======================================================
Bablu Kumar Son of Late Shivnandan Prasad Resident of Village - Daulatpur, Barh, RS, P.O. - Daulatpur, P.S. - Bhadaur, District- Patna.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.
2. The Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.
3. The Deputy Director (Food), Patna Division, Patna.
4. The District Magistrate cum Collector, District- Patna.
5. The District Supply Officer, Patna.
6. The Assistant District Supply Officer, Patna.
7. The Sub Divisional Officer, Barh, District- Patna.
8. The Block Supply Officer, Pandarak, District- Patna.
9. The Circle Officer, Pandarak, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Samir Kumar, Advocate For the Respondent/s : Mr. Arvind Ujjwal (Sc 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 25-02-2022 Heard Mr. Samir Kumar, learned Advocate for the
petitioner and Mr. Upendra Pratap Singh, AC to SC-4 for
the State.
The petitioner is the son of a deceased PDS
licencee. Within the prescribed period of the death of his Patna High Court CWJC No.1741 of 2022 dt.25-02-2022
father, an application was made by the petitioner for being
granted PDS licence on compassionate ground.
The petitioner claims that there are no other
claimants in his category of heirs of the late licencee. The
requisite application also appears to have been made by
the petitioner who has otherwise all the eligibility for being
given the licence on compassionate ground.
Notwithstanding the aforesaid facts, no decision
as yet has been taken by the concerned authority.
This Court considers it expedient to direct that in
the event of the petitioner making a suitable
representation in that regard before the concerned District
Magistrate (respondent no. 4) within a period of 30 days,
such representation shall be looked into, the matter would
be inquired and a decision shall be taken which shall be
communicated to the petitioner.
If the petitioner has the eligibility for being given
the PDS licence on compassionate ground and there is a
vacancy in the concerned district, there is no reason why Patna High Court CWJC No.1741 of 2022 dt.25-02-2022
should there be any delay in passing necessary orders in
favour of the petitioner. If at all it is found that the
petitioner is not eligible on any account whatsoever, that
shall also be communicated to him.
With the aforesaid direction/observation, the writ
petition stands disposed off.
It is expected that a decision in that regard shall
be taken as expeditiously as possible.
(Ashutosh Kumar, J)
( Anjani Kumar Sharan, J)
krishna/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 02.03.2022 Transmission Date NA
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