Uday Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.9054 of 2014 dt.31-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9054 of 2014 =========================================================== Uday Kumar Singh son of Sita Ram Singh, Resident of Village- Matiyara, P.O.- Kayamnagar, P.S.- Koelwar, District- Bhojpur .... .... Petitioner

Versus

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

2. The District Magistrate, Bhojpur at Ara.

3. The Sub-Divisional Officer, Sadar, Ara.

4. The District Supply Officer, Bhojpur at Ara.

5. The Block Supply Officer, Koelwar, (Bhojpur) .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : Mr. Alok Ranjan, AC to AAG-V =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-07-2018 The present writ petition has been filed for quashing the order as contained in Memo No. 2933/Ara dated 17.12.2012 (Annexure-6) whereby the petitioner's application for issuance of fresh PDS license was rejected by the S.D.O., Sadar Ara as well as the appellate order passed by the District Magistrate, Bhojpur at Ara dated 29.01.2014 in Revenue Appeal No. 08 of 2013-14.

2. None appears on behalf of the petitioner despite repeated calls.

3. Learned counsel for the respondents submits that even though the petitioner had applied for a fresh PDS license on

Patna High Court CWJC No.9054 of 2014 dt.31-07-2018 29.01.2011, a mere three days later on 02.02.2011, the process of selection of PDS shop was directed to be kept in abeyance by the Department of Food and Consumer Protection, Patna. Thereafter, a policy decision in terms of Notification No. 5738 dated 23.06.2011 was taken not to issue PDS license to individuals. Accordingly, the petitioner's application was not processed further. The petitioner's appeal filed pursuant to the liberty granted by this Court in MJC No. 6641 of 2012 was also dismissed in terms of the impugned order dated 29.01.2014 after detailed consideration of the matter in the wake of the aforesaid Notification No. 5738 dated 23.06.2011 and the order of this Court passed in C.W.J.C. No. 1498 of 2012.

4. Having regard to the submission of the respondents, this Court is not inclined to interfere in the matter. The writ petition stands dismissed.

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

Uploading Date 04.08.2018 Transmission Date N.A.