Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1741 of 2022 ====================================================== Bablu Kumar Son of Late Shivnandan Prasad Resident of Village - Daulatpur, Barh, RS, P.O. - Daulatpur, P.S. - Bhadaur, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

3.

The Deputy Director (Food), Patna Division, Patna. 4.

The District Magistrate cum Collector, District- Patna. 5.

The District Supply Officer, Patna.

6.

The Assistant District Supply Officer, Patna. 7.

The Sub Divisional Officer, Barh, District- Patna. 8.

The Block Supply Officer, Pandarak, District- Patna. 9.

The Circle Officer, Pandarak, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar, Advocate For the Respondent/s :

Mr. Arvind Ujjwal (Sc 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 25-02-2022 Heard Mr. Samir Kumar, learned Advocate for the petitioner and Mr. Upendra Pratap Singh, AC to SC-4 for the State.

The petitioner is the son of a deceased PDS licencee. Within the prescribed period of the death of his

Patna High Court CWJC No.1741 of 2022 dt.25-02-2022 2/3 father, an application was made by the petitioner for being granted PDS licence on compassionate ground.

The petitioner claims that there are no other claimants in his category of heirs of the late licencee. The requisite application also appears to have been made by the petitioner who has otherwise all the eligibility for being given the licence on compassionate ground.

Notwithstanding the aforesaid facts, no decision as yet has been taken by the concerned authority. This Court considers it expedient to direct that in the event of the petitioner making a suitable representation in that regard before the concerned District Magistrate (respondent no. 4) within a period of 30 days, such representation shall be looked into, the matter would be inquired and a decision shall be taken which shall be communicated to the petitioner.

If the petitioner has the eligibility for being given the PDS licence on compassionate ground and there is a vacancy in the concerned district, there is no reason why

Patna High Court CWJC No.1741 of 2022 dt.25-02-2022 3/3 should there be any delay in passing necessary orders in favour of the petitioner. If at all it is found that the petitioner is not eligible on any account whatsoever, that shall also be communicated to him.

With the aforesaid direction/observation, the writ petition stands disposed off.

It is expected that a decision in that regard shall be taken as expeditiously as possible.

(Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.03.2022 Transmission Date NA