Bal Mukund Sah @ Wal Mukund Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10032 of 2020 ====================================================== Bal Mukund Sah @ Wal Mukund Shah, aged about 33 years, Gender-Male, Son of Late Ram Narayan Sah Resident of Village- Suhai, P.O.- Prem Nagar, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Sitamarhi, Bihar. 2.

The District Magistrate Sitamarhi-cum-Chairman, District Level Selection Committee, Sitamarhi.

3.

The Sub Divisional Officer, Sitamarhi Sadar, Sitamarhi. 4.

The District Food Supply Officer, Sitamarhi.

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

For the Petitioner/s :

Mr.Abhishek, Adv.

For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 29-10-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

The present writ petition has been filed for directing the respondents for grant/transfer of license to the petitioner for the Public Distribution System shop on compassionate ground as his father was running the P.D.S. shop having a valid license, and alternatively, for a direction to the respondents to decide the

Patna High Court CWJC No.10032 of 2020 dt.29-10-2021 2/3 application dated 28.08.2019 (Annexure-3) filed by the petitioner which is pending before the respondent authorities for grant/transfer of the license to the petitioner for running a shop under the Public Distribution (Control) Order, 2016. Learned counsel for the petitioner states that pursuant to the death of his father on 23.06.2019, he applied for grant/transfer of P.D.S. license bearing no. 21/2007 (Annexure-1) valid upto the year 2022 on compassionate ground. It is stated that even after lapse of more than two years since the application was submitted on 28.08.2019 (Annexure-3), the same remains pending. None appears on behalf of the respondents when the matter is called.

Having regard to the nature of grievance of the petitioner, this Court is of the view that the ends of justice will be met by directing the Sub Divisional Officer, Sitamarhi Sadar, Sitamarhi (Respondent No. 3) to consider and take steps for expeditious disposal of the petitioner's application (Annexure-3), if still pending, after grant of opportunity of hearing to the petitioner in accordance with law, and in any event within a period of four months from the date of receipt/production of a copy of this judgment.

Patna High Court CWJC No.10032 of 2020 dt.29-10-2021 3/3 With the aforementioned observations and directions, this writ petition stands disposed of.

Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.11.2021 Transmission Date