Dilip Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.9259 of 2015 dt.28-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9259 of 2015 =========================================================== Dilip Kumar son of late Babulal Sao, resident of Mohalla- New Purandarpur, Police Station- Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Consumer Protection Department, Government of Bihar, Patna.

2. The Principal Secretary, Consumer Protection Department, Government of Bihar, Patna.

3. The District Magistrate, Patna.

4. Special Officer, Rationing, Patna.

5. The Sub Divisional Officer, Patna Sadar, Patna.

6. The District Co-operative Officer, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Verma, Adv For the Respondent/s : Mr. ASHOK PRIYADARSHI- GA4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-08-2018 The present writ petition has been filed for setting aside memo no. 955 dated 25.08.2014 by which the mother of the petitioner has been communicated with regard to the rejection of the petitioner's application for grant of PDS licence on compassionate basis; and for connected reliefs.

2. Learned counsel for the petitioner submits that pursuant to death of his father on 11.12.2013, in whose favouor licence No. 278 of 1985 had been granted, the petitioner applied by his application dated 06.01.2014 (Annexure-2) for grant of PDS licence on compassionate basis. A copy of the communication vide memo no. 955 dated 25.08.2014 was marked to the

Patna High Court CWJC No.9259 of 2015 dt.28-08-2018 petitioner's mother informing that the aforesaid application has been rejected on the ground of non-availability of no objection from the petitioner's brother. Moreover, the rejection order itself has not been enclosed with the said communication.

3. Learned counsel for the respondents invites reference to Annexure-C to the counter affidavit comprising of the decision of the District Level Selection Committee in its meeting dated 04.04.2015 rejecting the application of the petitioner.

4. Having heard the parties and on consideration of the materials on record, this Court is of the view that the ends of justice will be met if the petitioner is granted liberty to seek such remedy as may be available to him in accordance with law against the order of rejection as contained in memo no. 955 dated 25.08.2014.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date NA