Ram Balak Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1454 of 2018 In Civil Writ Jurisdiction Case No.14991 of 2014 ====================================================== Ram Balak Chauhan Son of Mangar Chauhan, R/o Vill- Pachamba, P.S.- Sirdala, District- Nawada.

... ... Appellant/s

Versus

1.

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

The Commissioner Magadh Division, Gaya.

3.

The Sub Divisional Officer, Rajauli, Nawada.

4.

Sudam Devi, W/o Late Suresh Chaudhary, R/o Sarh Manjhigawn, P.S.- Sirdala, Distt- Nawada.

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

For the Appellant/s :

Mr. Amresh Kumar Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-01-2025 Core issue involved in the present lis is whether appellant is entitled to have the benefit of PDS licence to a particular Panchayat or not. The learned Single Judge has elaborately considered to the extent that appellant is a Scheduled Castes candidate whereas subject matter of PDS licence to a particular Panchayat is earmarked for E.B.C. The same has been taken note of and proceed to set aside the decision of the authorities. Further, it is noticed that authorities have been given opportunity to examine the entire aspect of the

Patna High Court L.P.A No.1454 of 2018(7) dt.08-01-2025 2/2 respondent No. 4 - Sudam Devi as is evident from the observation made by the learned Single Judge in its order dated 29.08.2018.

2. In view of the above facts and circumstances, appellant has no locus insofar as maintaining the application for PDS licence which has been earmarked for E.B.C. in the absence of any material evidence to the extent that subject matter of PDS licence to a Gram Panchayat Sarh-Majiganwa in village Sarh in Sirdala Block, Rajauli, Sub-Division of Nawada District earmarked for Scheduled Castes. In the light of these facts and circumstances, the appellant has not made out a case so as to entertain the present LPA. Accordingly, LPA No. 1454 of 2018 stands dismissed.

(P. B. Bajanthri, J) (Ashok Kumar Pandey, J) GAURAV S./- U