Chuman Choudhary vs The State Of Bihar
2023 Latest Caselaw 83 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1301 of 2021
     ======================================================

CHUMAN CHOUDHARY Son of Rama Kant Choudhary resident of Village and Post Office- Sundarpur Barza, P.s.- Bihiyan, District- Bhojpur at Ara

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Foods and Civil Supply, Government of Bihar, Patna

2. The Collector cum District Magistrate, Bhojpur at Ara

3. The District Supply Officer, Bhojpur at Ara

4. The Sub Divisional Officer cum Licensing Authority Sadar Ara, District-

Bhojpur

5. The Circle Officer, Sadar Ara, District- Bhojpur

6. The Block Development Officer, Sadar Ara, District- Bhojpur

7. The Block Supply Officer, Sadar Ara, District- Bhojpur

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

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate For the Respondent/s : Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 04-01-2023 Heard the learned counsel for the petitioner and

the State.

The father of the petitioner, who was a licensee

under the Public Distribution System Scheme, died on

10.03.2012, necessitating the petitioner to file an

application after obtaining no objection certificate from Patna High Court CWJC No.1301 of 2021 dt.04-01-2023

other claimants for grant of license on compassionate

grounds.

Acting on the aforesaid application, the Licensing

Authority had asked for a report regarding the petitioner

from the Block Supply Officer, but no report was submitted

and consequently the case of the petitioner has not yet

been placed before the District Selection Committee for

taking a final decision whether the petitioner is entitled to

be granted license on compassionate ground.

In view of such submission made on behalf of the

petitioner, we direct that the District Magistrate, after

perusing the records and finding that the claim of the

petitioner is tenable, shall put the case of the petitioner in

the agenda of the District Selection Committee and shall

consider the case of the petitioner for grant of license on

compassionate ground. If for any reason it is found by the

Collector that the petitioner is not entitled for any

consideration, this order shall not be given effect to.

Patna High Court CWJC No.1301 of 2021 dt.04-01-2023

Needless to say that if at all consideration has to

be made, there should not be any unusual delay for the

reason that the death of the father of the petitioner had

taken place in the year 2012 and necessary application for

grant of license on compassionate ground was made within

two years.

The petition is disposed of with the afore-noted

directions.

(Ashutosh Kumar, J)

(Satyavrat Verma, J)

krishna/-

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Uploading Date          10.01.2023
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