Mukesh Kumar v. The State Of Bihar And ORS
Patna High Court CWJC No.5580 of 2018 dt.30-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5580 of 2018 =========================================================== Mukesh Kumar, S/o Late Birendra Kumar Singh, Resident of Village +P.O.- Raksa, P.S.-Karza, District-Muzaffarpur.
.... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary,Department of Food Commerce & Civil Supplies, Bihar, Patna
2. The District Magistrate, Muzaffarpur.
3. The Sub Divisional Officer, West Muzaffarpur.
4. The Additional District Supply Officer, Muzaffarpur.
5. The Supply Officer, Marwan, Muzafarpur.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Pradhan Murli Manohar Prasad, Mr. Raju Kumar Goswami, Advocate.
For the Respondents : Mr. S. RAZA AHMAD- AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-03-2018 The present writ petition has been filed for the following reliefs:
"(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to issue fair price shop license to the petitioner on compassionate ground on account of death of his father before attaining the age of 58 years, in terms of Clause-10 of the Bihar Targeted P.D.S. (Control) Order, 2016.
(ii) To direct the respondents to issue license on aforesaid ground taking into the consideration that the petitioner is a dependent upon his father and other family members have forsaken their claim in favour of him..
(iii) To any other relief/s to which the petitioner is entitled in the facts and circumstances of the case."
2. At the very outset, learned counsel for the petitioner
Patna High Court CWJC No.5580 of 2018 dt.30-03-2018 submits that it will suffice if the petitioner is permitted to file appropriate representation before the Sub-Divisional Officer, West, Muzaffarpur in connection with his application for compassionate appointment filed on 04.08.2015 (Annexure-6) for redressal of his grievances raised in the present writ petition, in which event, the present writ petition need not be pressed on merits.
3. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed.
4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of granting liberty to the petitioner to file a fresh representation before the Sub-Divisional Officer, West, Muzaffarpur (respondent no. 3) for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of expeditiously and preferably within a further period of eight weeks thereafter in accordance with law. (Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 07.04.2018 Transmission Date N.A.