Patna High Court
Md. Imraj Rashid vs The State Of Bihar And Ors on 14 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12719 of 2017
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Md. Imraj Rashid Son of Late Harun Rashid, Resident of Village- Marar
Dakshin, P.O.- Marar, P.S.- Morkahi, District- Khagaria.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The Additional Secretary, Food and Consumer Protection Department, Old
Secretariat, Patna.
3. The Collector, Khagaria, District- Khagaria.
4. The Sub- Divisional Officer, Khagaria, District- Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate
For the Respondent/s : Mr.Arvind Ujjwal-Sc4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 14-05-2025
1. Initially the Writ petition was filed with a
prayer to quash the circular issued by the State of
Bihar, Food and Consumer Protection Department of
the Additional Secretary, vide Memo No. Pra 07-
Misc.-16/2015-1222 dated 08.03.2017, whereby it
was stated to all the regional Commissioner/all the
District Magistrates to make roaster under provision
Patna High Court CWJC No.12719 of 2017 dt.14-05-2025
of Bihar Targeted Public Distribution System (Control)
Order, 2016 and the provision of General
Administration Department in which 35% reservation
for women has been logically and practically allowed
under the circular No. 2342 dated 15.02.2016 and to
start action for issuance of new PDS license after
publishing advertisement in leading newspapers and
informed the same as soon as possible as well as
quashing the vacancy published by the Collector,
Khagaria in daily newspaper dated 12.05.2017 for
the same as contained in Annexure-1 and
accordingly direct the respondents not to issue fresh
PDS license within the Marar Dakshni Panchayat in
the block and district of Khagaria till final order of
this Court and further to direct the licensing
authority to dispose of the application filed by the
petitioner in the year 2015.
Patna High Court CWJC No.12719 of 2017 dt.14-05-2025
2. During the course of argument, the
Learned counsel for the petitioner reported that he is
not pressing for the entire relief and only prays for
the relief which is as follows:-
Further to direct the licensing
authority to dispose of the application
filed by the petitioner in the year 2015.
3. The Learned counsel for the petitioner has
also made an endorsement that he is not pressing
the entire prayer. The limited aspect which is to be
decided by this Court is that whether the application
of the petitioner, filed in the year 2015 is still
pending with the respondent authorities or not ?
4. At this juncture, the Learned counsel for
the respondent contended that the direction may be
given to the licensing authority, to dispose of the
application if at all it is pending. Further it is
contended by the Learned counsel for the
Patna High Court CWJC No.12719 of 2017 dt.14-05-2025
respondents that the petitioner shall make a fresh
representation before the authority, for which a
reasonable order can be passed by the respondents.
5. In view of the submissions, this Court
directs the petitioner to make a fresh representation
before the concerned authority within a period of
one month from the date of receipt of this order,
along with the order copy and in turn, the
respondents shall pass a reasonable order within two
months from the date of filing of the representation.
6. With the aforesaid observation, the Writ
petition is disposed of.
7. Interlocutory Application(s), if any, shall
also disposed of.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 15.05.2025
Transmission Date N/A
