Meera Devi vs The State Of Bihar
2023 Latest Caselaw 1185 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.15074 of 2022

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Meera Devi, Wife of Dhananjay Prasad, Resident of Ward No. 16, Sabji Mandi, Bhabhua, P.S.- Bhabhua, District- Kaimur.

... ... Petitioner/s Versus

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

2. The District Magistrate, Kaimur at Bhabhua.

3. The Sub Divisional Officer, Bhabhua, District- Kaimur.

4. The District Supply Officer, Bhabhua, Kaimur.

5. The Block Supply Officer, Adhaura, District- Kaimur.

6. Rupa Kumari daughter of Indradeo Singh Chero Resident of Jamuninar, P.O.- Kolhua, P.S.- Adhaura, District- Kaimur at Bhabhua.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Ms. Bandana Singh, Advocate For the State : Mr. Anisur Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 24-03-2023

The petitioner, by way of this writ petition, assails

the order dated 17.08.2022, passed by the Secretary, Food and

Consumer Protection Department, Govt. of Bihar, deciding the

representation directed to be so decided by the Division Bench

of this Court in its order dated 08.03.2022 passed in CWJC No.

14883 of 2021. The Secretary, Food and Consumer Protection

Department, Govt. of Bihar has reached to a finding that the Patna High Court CWJC No.15074 of 2022 dt.24-03-2023

petitioner's father-in-law already possesses a PDS license shop

in his name and in view of the definition of the 'family' as

provided under the provisions of Bihar Targeted Public

Distribution System Control Order, 2016 (hereinafter referred to

as 'the Order of 2016), the petitioner who is the daughter-in-law

would not be entitled to be awarded a PDS license separately.

Learned counsel for the petitioner contends that the

petitioner along with her husband has already separated from

her father-in-law and are having a separate identity and separate

unit. In view thereof, they cannot be considered part of the

family of their father-in-law.

Such a contention is found to be without any basis.

The petitioner and her husband have in terms of the Succession

Act acquired properties of her father-in-law and his ancestors. In

view thereof, merely living separately would not be sufficient to

treat them as separate. The definition of family, as provided

under the Order of 2016 includes father-in-law also and the said

definition clause is not under challenge before this Court. The

order passed by the Secretary, Food and Consumer Protection

Department, Govt. of Bihar, is found to be legal and in

accordance with the provisions of the standing order.

Patna High Court CWJC No.15074 of 2022 dt.24-03-2023

In view thereof, the present writ petition is devoid of

merits and is, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) suraj/-

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