Patna High CourtCWJC/13100/2017disposed

Ramkant Paswan v. The State Of Bihar And ORS

2018-02-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13100 of 2017 =========================================================== Ramkant Paswan, Son of late Jugeshwar Paswan @ Yugeshwar Paswan, Resident of Village- Shyampur, Post- Narma, P.S.- Ali Nagar, DistrictDarbhanga. .... .... Petitioner

Versus

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

2. The District Magistrate, Darbhanga, District- Darbhanga.

3. The Sub- Divisional Officer, Benipur, District- Darbhanga. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate For the Respondents : Mr. Arvind Ujjwal, SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the licensing authority, Benipur of District Darbhanga to accept application of the petitioner for issuance of P.D.S licence in his name on compassionate ground; and for connected reliefs.

3. Learned counsel for the petitioner submits that the authorities are acting in an arbitrary manner and not even receiving the petitioner's application for grant of P.D.S. licence, the latter having refused to accept the same and consider on merits.

4. Learned counsel for the State appears and has been heard.

Patna High Court CWJC No.13100 of 2017 dt.19-02-2018 2/2

5. Having regard to the nature of the grievance of the petitioner, the writ petition is disposed of with a direction to the SubDivisional Officer, Benipur, District- Darbhanga (respondent no. 3) not to refuse receipt of the petitioner's application for grant of P.D.S. licence if the same is presented by the petitioner, and to consider the same on its own merits and pass appropriate order in accordance with law expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this judgment.

6. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner for grant of P.D.S. licence. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24 .02.2018 Transmission Date N.A.