Niru Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9269 of 2020 ====================================================== Niru Kumari Wife of Subodh patel @ Subodh Kumar Resident of VillageJagannathpur Nagawan, P.O.-Chhap, P.S.-Paroo, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum Collector, Muzaffarpur. 3.

The District Supply Officer, Muzaffarpur.

4.

The Sub-Divisional Officer Cum Licensing Authority, Sub-Divisional West, Muzaffarpur.

5.

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr.Diwakar Upadhyaya Ms. Preety Kunwar For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-03-2021 Heard learned counsel for the parties.

2. It is the petitioner's case that he had applied for grant of licence for running a P.D.S shop under Kataru Panchayat in the District of Muzaffarpur. It is her further case that two other persons had applied for two shops and one Ali Ahmad has been selected for allotment of a PDS shop in general category. It has further been stated that for allotment of one PDS shop in the said panchayat under backward class category, there are two applicants including this. The other person, who has applied for allotment in backward class category, has been

Patna High Court CWJC No.9269 of 2020(2) dt.23-03-2021 2/2 found unfit by the competent authority.

3. It is, accordingly, the petitioner's case that she is the only candidate for allotment of PDS shop under the said Gram Panchayat against backward class category. In the background of the aforesaid facts, the petitioner has approached this Court, seeking a direction to the Sub-Divisional Officercum Licensing Authority, Muzaffarpur to issue PDS licence in favour of the petitioner.

4. Considering the facts and circumstances as noted above, this application is disposed of with a direction to the District Magistrate-cum-Collector, Muzaffarpur to ensure that a decision is taken by the competent authority on the point of allotment of PDS shop in question, within two months from the date of the receipt/production of a copy of this order. (Chakradhari Sharan Singh, J) arun/- U