Patna High CourtCWJC/19079/2015dismissed

Ajay Kumar Singh v. The State Of Bihar And ORS

2017-01-13Mr. Justice Hemant Gupta,Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19079 of 2015 =========================================================== Ajay Kumar Singh Son of Shibu Singh, resident of Village- Rampur Sibanpur, Block & Police Station- Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Joint Secretary, Food and Consumer Department, Government of Bihar, Patna.

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

3. The District Magistrate, Aurangabad, Bihar.

4. The Sub-Divisional Officer, Aurangabad, Bihar.

5. The Circle Officer, Block Nabinagar, Aurangabad. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Amarendra Kumar Singh, Advocate. For the Respondent/s : Mr. P.K. Verma, AAG-3. Mr. S. K. Sharan, AC to AAG-3.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 13-01-2017 The challenge in the present writ application is to an advertisement inviting applications for grant of license under the Public Distribution System. The grievance of the petitioner is that the advertisement is contrary to the Scheme published under the Public Distribution System (Control) Order for the grant of license. In the counter affidavit, the stand of the State is that as per the policy decision, there should be one PDS shop for population 1900 in the rural area and one PDS shop for the population 1350 in the urban area. In pursuance of the said policy decision, the

Patna High Court CWJC No.19079 of 2015 dt.13-01-2017 2/2 advertisement was published on 11.08.2015.

We do not find any illegality in the advertisement issued for grant of license under the Public Distribution System. The population of 1350 and 1900 for the grant of license in the urban and rural areas respectively has the broad guidelines and cannot be enforced with mathematical precision.

In view thereof, we do not find any ground to interfere in the process of selection initiated vide advertisement dated 11.08.2015.

The writ application is, thus, dismissed.

(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 17.01.2017 Transmission Date