Santosh Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.6986 of 2018 dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6986 of 2018 =========================================================== Santosh Kumar Singh, S/o Late Mundrika Prasad Singh, Resident of VillageMadhopur, P.S.-Aurai, District-Muzaffarpur. .... .... Petitioner/s

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, East Muzaffarpur.

4. The Additional Distict Supply Officer, Muzaffarpur.

5. The Supply Officer, Aurai Block, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pradhan Mruli Manohar Pd. Adv Mr. Raju Kumar Goswami, Adv For the Respondent/s : Mr. ARVIND UJJWAL- SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-04-2018 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 respondents to grant PDS licence in favour of the petitioner on compassionate ground on the death of his father before attaining the age of 58 years in terms of Clause 10 of the Bihar Targeted PDS (Control) Order, 2016.

3. Learned counsel for the petitioner submits that despite recommendation having been made by the authorities concerned for grant of PDS licence in favour of the petitioner on 16.09.2017(Annexure6), the licence has not yet been issued to him. However, it is submitted

Patna High Court CWJC No.6986 of 2018 dt.17-04-2018 that it will suffice if the petitioner's application dated 21.04.2017 (Annexure-5) filed before Sub-Divisional Officer, East, Muzaffarpur (Respondent No. 3) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

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

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Sub-Divisional Officer, , East, Muzaffarpur (Respondent No. 3) to consider and dispose of the petitioner's application dated 21.04.2017 (Annexure-5), if the same is still pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 20.04.2018 Transmission Date NA