Patna High CourtCWJC/5677/2015dismissed

Rama Prasad v. The State Of Bihar And ORS

2017-07-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5677 of 2015 =========================================================== Rama Prasad, son of Late Basant Sao, resident of village Kharka, P.S Makhdum pur District Jehanabad .... .... Petitioner

Versus

1. The State of Bihar through the Collector cum the Chairman District Selection Committee Jehanabad.

2. The Sub Divisional Officer, Jehanabad.

3. The District Supply Officer, Jehanabad

4. The Licensing Officer, Jehanabad.

5. The Block Supply Makhdum Jehanabad.

6. The Head Master Govt. Middle School Machhil Makhdumpur Jehanabad.

7. The Block Education Officer Makhdumpur, Jehanabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sheel Bhadra Jha, Adv. For the Respondent/s : Mr. Raj Kishore Ray, G.P.-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 28-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is claiming for grant of P.D.S. licence on compassionate ground. The father of the petitioner, namely, Basant Sao was running a P.D.S. shop, after his death the petitioner has applied for the licence. The case of the petitioner was placed before the Committee for consideration, the Committee has called upon the petitioner and the petitioner appeared physically before the Committee and on physical appearance it has been recorded by the Committee that the petitioner must be in between 45

Patna High Court CWJC No.5677 of 2015 dt.28-07-2017 2/2 to 50 years. At the time of opening the account in the Bank the date of birth of the father of the petitioner has been recorded as 01.01.1936, on that basis, if the calculation is made, the father of the petitioner has died beyond 55 years.

This Court does not find any merit in the present writ application as licence cannot be granted on compassionate ground whose father has died after attaining the age of 55 years. Accordingly, this writ application is dismissed. (Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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