Patna High Court
Satish Kumar Thakur vs The State Of Bihar on 1 August, 2024
Author: Partha Sarthy
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11227 of 2024
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Satish Kumar Thakur S/o- Ram Balak Thakur, Resident of Village-
Govindwari Darouri, Post Office- Karua Budakpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Food Consumer
Department, Bihar, Patna.
2. The District Officer, Samastipur.
3. The District Supply Officer, Samastipur.
4. The Sub Divisional Supply Officer Samastipur, Dist- Samastipur.
5. The Sub-Divisional Supply Officer Rosera, Dist- Samastipur.
6. The Sub-Divisional Supply Officer, Dalsingsarai, Dist- Samastipur.
7. The Sub Divisional Supply Officer Patori, Dist- Samastipur.
8. The Block Supply Officer, Block- Kalyanpur, Dist- Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pradeep Kumar Singh, Advocate
For the Respondent/s : Mr. Additional Advocate General (4)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
Date : 01-08-2024
1. Heard learned counsel for the petitioner and
learned counsel for the State of Bihar.
2. The petitioner has filed the instant Public Interest
Litigation praying for quashing the general notice contained in
Patna High Court CWJC No.11227 of 2024 dt.01-08-2024
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memo no. 185 dated 22.2.2024 issued under the signature of
the District Officer, Samastipur with respect to grant of
license of Public Distribution Shop in the District of
Samastipur in view of the fact that the same is in
contravention of the notification of the Government of Bihar
published in the Bihar Gazette (Extraordinary) on 14.3.2016.
3. It is submitted by learned counsel for the
petitioner that as per the notification dated 14.3.2016 of the
Government of Bihar published in the Bihar Gazette
Extraordinary, there has to be one Public Distribution Shop
('PDS' in short) for population of 1900 in rural area and 1350
in urban area. It is submitted by learned counsel for the
petitioner that the respondents having come out with the
general notice dated 22.2.2024, in view of the same being in
contravention of the notification dated 14.3.2016, the same be
quashed.
4. Learned counsel appearing for the respondents
submits that the general notice dated 22.2.2024, quashing of
which is sought by the petitioner is not in contravention of the
notification dated 14.3.2016. Referring to the general notice
dated 22.2.2024, it is submitted that the petitioner is affected
by inviting of application for Panchayat Sormar under Block-
Patna High Court CWJC No.11227 of 2024 dt.01-08-2024
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Kalyanpur. It is submited in reference to the chart enclosed
with the general notice dated 22.2.2024 that the same is with
respect to grant of license for PDS shop, which has fallen
vacant. It is thus submitted with respect to the panchayat-wise
chart that one license of PDS shop under the category of
Economically Weaker Section having fallen vacant in Sormar
Panchayat, the same has been advertised along with others by
the general notice dated 22.2.2024, impugned herein.
5. Having heard learned counsel for the parties
and having perused the material on record, it transpires that
there is substance in the submissions made by learned counsel
appearing for the respondents- State of Bihar. The panchayat
wise category enclosed with the general notice dated
22.2.2024
clearly talks about the category wise license for
PDS shop which has fallen vacant for allotment of which the
notice has been published and so far as the Sormar Panchayat
is concerned, one PDS shop license which has fallen vacant is
in the Economically Weaker Section category.
6. This Court finds that there is no violation of the
notification of the Government of Bihar published in the Bihar
Gazette (Extraordinary) on 14.3.2016 nor any merit in the
instant application filed by way of a Public Interest Litigation
Patna High Court CWJC No.11227 of 2024 dt.01-08-2024
and the same is dismissed.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
Shiv/-
AFR/NAFR
CAV DATE N/A
Uploading Date 06.08.2024
Transmission Date
