Shyam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9705 of 2022 ====================================================== Shyam Kumar Yadav, Son of Late Laxman Yadav, Resident of Village - Chateraje, P.S. - Manigachhi, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

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

3.

The Commissioner Darbhanga Division Darbhanga. 4.

The District Selection Committee headed by the Collector Darbhanga. 5.

The Collector, Darbhanga.

6.

The S.D.O. Darbhanga.

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

For the Petitioner/s :

Mr. GagandraYadav, Adv.

Mr. U. K. Yadav, Adv.

For the Respondent/s :

Mr.Arvind Ujjwal (SC4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 25-03-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.

2. It is the case of the petitioner that the father of the petitioner was a PDS dealer and he died on 17.01.2017 and thereafter the petitioner has approached the authority by way of application/representation dated 13.11.2019 (Annexure-2) seeking appointment on compassionate grounds.

3. Learned counsel appearing on behalf of the petitioner submits that though the petitioner has been pursuing

Patna High Court CWJC No.9705 of 2022(6) dt.25-03-2026 2/3 the matters before the respondents-authority, till date they have not acted on the application/representation given by the petitioner and therefore, left with no other option has to approached this Hon'ble Court by way of the present writ petition. Learned counsel, therefore, seeks a direction to the Respondent No. 6, i.e., the Sub-Divisional Officer, Darbhagna to consider the said application/representation and pass necessary orders appointing him as a PDS dealer on compassionate grounds.

4. Learned counsel appearing on behalf of the respondents-State submits that the copy of the said application/representation given by the petitioner may not be available in the office of the concerned respondents and therefore, the petitioner may be directed to give a fresh application/representation to the competent authority and if any such application/representation is made, the same shall be considered in accordance with law and necessary orders passed.

5. Having regard to the above made submission, the present writ petition is disposed of directing the petitioner to give a suitable application/representation seeking appointment under the compassionate grounds before the Respondent No. 6, i.e., the Sub-Divisional Officer, Darbhagna, within a period of 4

Patna High Court CWJC No.9705 of 2022(6) dt.25-03-2026 3/3 weeks from today. On such application/representation being given, the same shall be considered in accordance with law and necessary orders passed. The authority shall endeavor to pass necessary orders as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of the application/representation from the petitioner.

6. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing.

7. The authority shall not reject the application/representation of the petitioner solely on the ground that the same is made belatedly, i.e., after period of two years as the petitioner has filed a representation on 13.11.2019 (Annexure-2) and thereafter pursuing his remedies before the Hon'ble Court by way of the present writ petition. Any order passed shall be communicated to the petitioner.

8. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U