Abdus Salam, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2256 of 2021 ====================================================== Abdus Salam, Son of Md. Tahir, Resident of Village-Maranga, PanchayatChanpi, P.S. Dagarua, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The District Magistrate, Purnea.

3.

The Sub Divisional Officer, Baysi, Purnea.

4.

The Circle Officer, Dagarua, Purnea.

5.

The Block Supply Officer, Dagarua, Purnea.

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate 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) 17-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

It is the petitioner's case that he has been granted licence to run a PDS shop under Bihar Targeted Public Distribution System(Control) Order, 2016. The licensee of another licence No. 54 of 2008 is the petitioner's namesake. The said licence No. 54 of 2008 has been cancelled after issuance of notice to the petitioner. He submits that the show cause notice,

Patna High Court CWJC No.2256 of 2021(2) dt.17-01-2022 2/3 which was issued to the petitioner, refers to licence No. 54 of 2008. The petitioner, however, out of ignorance, had submitted his reply. Fact, however, remains that the said licence No. 54 of 2008 has been cancelled by order dated 09.05.2020, passed by the Sub-Divisional Officer, Bayasi in the district of Purnea. Learned counsel for the petitioner contends that after cancellation of the said licence No. 54 of 2008, the consumers of petitioner's licence i.e. licence No. 60 of 2016 have been attached to another licensee bearing licence No. 16 of 2018. In response to a query made by this court, learned counsel for the petitioner has submitted that he does not know as to how in the same Panchayat there are two licences issued in the same name, for running a fair price shop under Bihar Targeted Public Distribution System(Control) Order, 2016. He submits that the petitioner has approached the District Magistrate, Purnea in this regard by making a representation on 17.06.2020, which is still pending.

Considering the facts and circumstances, this application is disposed of with a direction to the District Magistrate, Purnea to consider the petitioner's representation and decide the same in accordance with law within a period of two months from the date of receipt/ production of a copy of

Patna High Court CWJC No.2256 of 2021(2) dt.17-01-2022 3/3 this order.

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