Gulab Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.265 of 2017 =========================================================== Gulab Choudhary, Son of Late Ram Swarath Choudhary, resident of Village Chilmilia, P.S. Basopatti, District Madhubani. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Madhubani.

3. The Sub Divisional Officer-cum-Licensing Authority, Jainagar, Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Amit Kumar, Adv.

For the Respondent/s : Mr. Sanjay Kr. Giri- GP9 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 30-03-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case the petitioner has a limited grievance that he has filed an application for revival of the P.D.S. License which was kept under suspension on the ground that his wife was elected Mukhia.

The short fact of this case is that the petitioner is a license holder of P.D.S. dealer, his wife had contested the election in the year 2006, was elected as Mukhia of Gram Panchayat Raj Damu. Under the P.D.S. Scheme, the wife or husband if elected as Mukhia, the license of P.D.S. dealer will be treated to be

Patna High Court CWJC No.265 of 2017 dt.30-03-2017 under suspension. It has been stated that the tenure of his wife on the post of Mukhia has already come to an end in the year 2011, in subsequent election, she lost the seat, as no one in the family is holding the post of Mukhia, he wants revival of the license. The petitioner has already filed his application before the Sub-Divisional Magistrate, Jainagar, Madhubani as well as to the District Magistrate, Madhubani but, they have not taken care to pass any order in the application and the same is pending till date. Let the S.D.O., Jainagar, Madhubani, should examine the application of the petitioner for revival of the license and is directed to dispose of the same in accordance with law within a period of two months from the date of receipt/production of a copy of this order.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2017 Transmission Date