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Patna High CourtCWJC/5544/2020dismissed

Suraj Kumar Paswan v. The State Of Bihar

2021-11-23The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5544 of 2020 ====================================================== Suraj Kumar Paswan, Son of Ranjit Paswan, Resident of Village- Kankar,P.S. Hathoury, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2.

The District Magistrate, Samastipur, District- Samastipur. 3.

The Sub- Divisional Officer, Rosara, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr.S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-11-2021 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :- "for issuance of an appropriate writ, order and direction for quashing the order passed by the District Magistrate, Samastipur vide Memo No.101 dated 06.01.2020 as well as quashing the order passed by the Sub-Divisional Officer, Rosara whereby and whereunder claim of the petitioner for issuance of P.D.S license on compassionate ground has been rejected and direction the respondents to consider the name of the petitioner and to issue P.S.S. license on compassionate ground in the name of the petitioner and till final order not to issue any

Patna High Court CWJC No.5544 of 2020 dt.23-11-2021 2/2 P.D.S. license to another on place of the petitioner."

It is submitted by learned counsel for the State that the petitioner does not come within the definition of Clause 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016. As such, the claim of the petitioner for dealership by way of compassionate ground does not find favour. In view of the aforesaid fact, the petition stands dismissed.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 26.11.2021 Transmission Date