Yugul Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.17581 of 2015 dt.18-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17581 of 2015 =========================================================== Yugul Ram, Son of Khedaru Ram, Resident of Village- Hir Makariyar, Gram Panchayat, Hasua, P.O.- Hasua, P.S. Nautan, Dhanauti, O.P., Block- Ziradei, District- Siwan.

.... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary Food and Civil Supply Department, Bihar, Patna.

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan.

4. The Sub-Divisional Officer cum Licensing Officer, Siwan Town, Siwan.

5. The Circle Officer, Ziradei, Siwan.

6. The Block Development Officer, Ziradei, Siwan.

7. The Block Supply Officer, Mairwa, Siwan.

8. The Officer-in-charge, Nautan, P.S. Siwan. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate. For the Respondents : Mr. Anil Kumar Sinha, GA-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 18-08-2018 The present writ petition has been filed for a direction to the respondents authorities for issuance of license of shop of Public Distribution System in favour of the petitioner.

2. Learned counsel for the petitioner submits that the despite having applied for grant of license in the year 2000, the respondents have not acted on the same.

3. Learned counsel for the respondents, on the other hand, opposes the writ petition submitting that the petitioner has

Patna High Court CWJC No.17581 of 2015 dt.18-08-2018 approached this Court after long delay. That apart it is stated that the petitioner could not be allotted the PDS shop owing to lack of vacancy in Hasua Panchayat in view of the total population of 4960 and 7 (seven) PDS license already existed.

4. Having regard to the nature of the grievance of the petitioner and the stand of the respondents, this Court is not inclined to interfere in the matter, moreso in view of the inordinate delay and laches on the part of the petitioner in approaching this Court more than 17 years since filing his application for grant of PDS license.

5. The writ petition stands disposed of with liberty to the petitioner to apply afresh for grant of PDS license as and when advertisement is issued for such allotment.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.08.2018 Transmission Date N.A.