Chunchun Jha As The President Of Fair Price Dealer Association v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4024 of 2018 ====================================================== Chunchun Jha as the President of Fair Price Dealer Association, Prakhand Dhaka, son of Late Hari Kant Jha, Resident of Village- Telhara Kalan, Police Station- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna 2.

The Secretary, Food and Civil Supply, Govt. of Bihar, Patna. 3.

The Director, Food and Civil Supply, Govt. of Bihar, Patna. 4.

The District Magistrate, East Champaran, Motihari. 5.

The District Supply Officer, Sikarhana, Dhaka, East Champaran, Motihari. 6.

The Sub Divisional Officer, Sikarhana, Dhaka, East Champaran, Motihari. 7.

The Assistant District Supply Officer, Sikarhana, Dhaka, East Champaran, Motihari.

8.

The Marketing Officer, Dhaka, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-02-2020 Petitioner has prayed for following reliefs:- (i) For issuance of an appropriate writ commanding the respondents to declare the ultra virus provision vide memo number 1750 dated 10/03/2016 passed by the Joint Secretary, Government of Bihar, Patna whereby and where under the reservation has been given for business in the public distribution system in para number6(i) of the said notification as contained as Annexure-1 to this writ petition as to when as per

Patna High Court CWJC No.4024 of 2018(4) dt.27-02-2020 2/2 the Constitution of India under article 19(1)(g), this freedom means that every citizen has the right to choose his own employment or to take up any trade or calling, subject only to the limits as may be imposed by the state in the interests of the public welfare, and the other grounds mentioned in clause (6) of Art 19.

(ii) For issuance of the appropriate writ commanding the respondents to stop the proceeding regarding the matter of the appointment of shop of dealership as per advertisement vide letter number-134 dated 30.11.2017 as contained in Annexure-2 to this writ petition.

(iii) For any other reliefs which petitioner is entitled under law of the facts of the said case. Learned counsel for the petitioner seeks permission to withdraw this petition.

Permission is accorded.

Accordingly, this petition is dismissed as withdrawn.

(Sanjay Karol, CJ) ( S. Kumar, J) S.Katyayan/ Sanjay/- U