Dharmendra Tiwari vs The State Of Bihar
2023 Latest Caselaw 178 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3241 of 2022
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Dharmendra Tiwari Son of Late Narmdeshwar Tiwari Resident of Village- Tadwan Khurd, Samatad, Police Station- Siwan Town, District- Siwan.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

2. The Collector-cum-District Magistrate, Siwan.

3. The Sub-Divisional Officer, Siwan.

4. The District Supply Officer, Siwan.

5. The Block Supply Officer, Guthni, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ajay Kumar Pandey, Adv. For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 13-01-2023

Heard Mr. Ajay Kumar Pandey, learned Advocate

for the petitioner and Mr. Upendra Pratap Singh for the

State.

The writ petition has been filed by Dharmendra

Tiwari, the Chairman of the Tadwan PACS which was

granted the Institutional License under the Public Distribution

System.

It appears that the petitioner being the Chairman

of the aforesaid PACS was made an accused in a criminal Patna High Court CWJC No.3241 of 2022 dt.13-01-2023

case, but the license of the PACS was neither suspended nor

cancelled, but the supply of the foodgrains was stopped.

It was under such circumstance that the present

petition was filed, seeking a direction to the authorities to

resume the supply line to Tadwan PACS as a licensee.

The initial response of the State was that since its

an Institutional License, if the Governing Body of the PACS

choses some other persons to become the Chairman to

operate as a licensee, the Authority shall have no problem in

resuming the supply line.

Pursuant to the aforenoted stand of the State,

a supplementary affidavit has been filed on behalf of the

petitioner stating that the Governing Body of the Tadwan

PACS has nominated one Kumari Rubi Pandey, wife of

Nagendra Tiwary, as the Manager of PACS who would be

authorized to operate as an agent of the Institutional License

given to Tadwa PACS.

In view of this affidavit containing the aforenoted

fact, the matter is remitted to the Licensing Authority to take

a decision whether to accept the decision of the PACS for Patna High Court CWJC No.3241 of 2022 dt.13-01-2023

continuing with the license and resuming the supply line.

Be it noted that at one point of time, the

authorities were inclined to consider the cases of PACS for

resumption of supply line in case the Governing Body of the

PACS changed its Chairman for the needful.

For the aforenoted reason, we remit the matter to

the Licensing Authority to verify and ascertain the facts and

pass necessary orders in accordance with law and the

notification of the Government in that regard.

Let that be done within a period of 60 days from

the date of receipt/production of a copy of this order.

With the aforenoted observation/direction, the writ

petition stands disposed of.

(Ashutosh Kumar, J)

(Satyavrat Verma, J) rishi/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.01.2023
Transmission Date