Hanuman Prasad v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4453 of 2016 Hanuman Prasad, son of Sri Jai Narayan Yadav, Resident of Village- Kachada, P.S.- Benipatti, P.O.- Bankatta, District- Madhubani. .... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Department of Food and Public Distribution, New Delhi.

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

3. The Principal Secretary, General Administrative Department, Government of Bihar, Patna.

4. The Principal Secretary, Law Department, Bihar, Patna.

5. The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

6. The Additional Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

7. The Joint Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

8. The Deputy Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

9. The Divisional Commissioner, Saran (Chapra) Division, Bihar.

10. The Divisional Commissioner, Darbhanga Division, Darbhanga.

11. The Divisional Commissioner, Purnea Division, Purnea.

12. The Divisional Commissioner, Bhagalpur Division, Bhagalpur.

13. The Divisional Commissioner, Munger Division, Munger.

14. The Divisional Commissioner, Patna Division, Patna.

15. District Magistrate, West Champaran (Bettiah).

16. District Magistrate, East Champaran (Motihari).

17. District Magistrate, Muzaffarpur.

18. District Magistrate, Sitamarhi.

19. District Magistrate, Sheohar.

20. District Magistrate, Vaishali.

21. District Magistrate, Saran (Chapra).

22. District Magistrate, Siwan.

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23. District Magistrate, Gopalganj.

24. District Magistrate, Darbhanga.

25. District Magistrate, Madhubani.

26. District Magistrate, Samastipur.

27. District Magistrate, Begusarai.

28. District Magistrate, Saharsa.

29. District Magistrate, Madhepura.

30. District Magistrate, Supaul.

31. District Magistrate, Purnea.

32. District Magistrate, Katihar.

33. District Magistrate, Araria.

34. District Magistrate, Kishanganj.

35. District Magistrate, Bhagalpur.

36. District Magistrate, Banka.

37. District Magistrate, Munger.

38. District Magistrate, Jamui.

39. District Magistrate, Khagaria.

40. District Magistrate, Lakhisarai.

41. District Magistrate, Sheikhpura.

42. District Magistrate, Patna.

43. District Magistrate, Nalanda (Biharsharif).

44. District Magistrate, Bhojpur (Arrah).

45. District Magistrate, Rohtas (Sasaram).

46. District Magistrate, Buxar.

47. District Magistrate, Kaimur (Bhabua).

48. District Magistrate, Gaya.

49. District Magistrate, Nawada.

50. District Magistrate, Aurangabad.

51. District Magistrate, Jehanabad.

52. District Magistrate, Arwal.

.... .... Respondent/s Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate Ms. Ranjeeta Singh, Advocate

3/4 Mr. Akash Keshav, Advocate Mr. Kundan Kumar, Advocate.

For the Respondent/s-State : Mr. Patanjali Rishi, A.C. to A.A.G.-10 For the Respondent- UOI : Mr. Tuhin Shanker, C.G.C.

For the Intervenors : Mr. Sunil Kr. Verma, Advocate Mr. Suman Kr. Verma, Advocate Mr. Pramod Kr. Prasad, Advocate Mr. Anish Kumar, Advocate Mr. Chakrapani, Advocate Mr. Ashok K. Karna, Advocate Mr. Tuhin Shanker, Advocate CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 14-12-2016 The petitioner in the present writ application in public interest has sought directions to implement the Targeted Public Distribution System (Control) Order, 2015 issued by the Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distributions), Government of India, New Delhi as published on 20th March, 2015.

The grievance of the petitioner was that although in terms of such Control Order, the State Government was required to publish the fresh scheme, but the PDS licenses are being issued under the old Control Order.

Learned counsel for the State has pointed out that in

4/4 fact, in terms of the Control Order issued by the Government of India, the State has promulgated Bihar Targeted Public Distribution System (Control) order, 2016, as published on 10th March, 2016 and that the licenses shall be issued only in terms of the Control Order published on 10th of March, 2016.

In view of the fact that the State has framed a Control Order as published on 10th of March, 2016, the licenses for implementing the Public Distribution System shall be issued in terms of the said Control Order and in accordance with law. With the said direction, the writ petition stands disposed of. All interim orders granted earlier shall stand vacated and interlocutory applications are disposed of having rendered infructuous. (Hemant Gupta, ACJ) (Arvind Srivastava, J) Sunil AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 16.12.2016 Transmission Date