Govind Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10640 of 2020 ====================================================== Govind Kumar Sah Son of Late Surya Narayan Sah Resident of VillageMirzapur, P.O.- Satghara, P.S.- Rajnagar, District- Madhubani. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Food and Supply Department, Government of Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The District Supply Officer, Madhubani.

5.

The Sub-Divisional Officer, Sadar Madhubani.

6.

The Block Supply Officer, Rajnagar, Madhubani. 7.

The Circle Officer, Rajnagar, Madhubani.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan For the Respondent/s :

Mr. S.Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 11-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

This writ application has been filed seeking a direction to the respondents to grant the petitioner P.D.S. licence to run a fair price shop on compassionate ground, consequent upon the death of his father, who was a licensee. The petitioner claims that he has made a representation for grant of licence on compassionate basis

Patna High Court CWJC No.10640 of 2020(2) dt.11-01-2022 2/2 before the District Magistrate, Madhubani, on 14.05.2019, a copy of which has been brought on record by way of Annexure7 to the writ application. Learned counsel appearing on behalf of the petitioner has submitted that till date no decision has been taken by the District Magistrate on the petitioner's representation. He has dawn our attention to Rule 10 of the Bihar Targetted Public Distribution System (Control) Order, 2016, to contend that the petitioner is entitled to grant of license on compassionate basis since the age of petitioner's father, at the time of his death, was less than 58 years.

Be that as it may, considering the facts and circumstances, this application is disposed of with a direction to the District Magistrate, Madhubani, to consider the petitioner's application, if filed, and dispose it of, if not already disposed of, within two months from the date of receipt/production of a copy of this order.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Pawan/- U