Swaminath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13730 of 2013 ====================================================== Swaminath Singh, son of Sri Ramashish Singh, Resident of VillageDewariya, P.S.- Maharajganj, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary.

2. The Commissioner, Saran Division, Chapra

3. District Magistrate, Siwan.

4. The Sub-Divisional Officer, Maharajganj, Siwan.

5. Block Development Officer-Cum-Block Supply Officer, Maharajganj, Siwan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Kumar Samarjeet Singh, Advocate For the S t a t e : Mr. Ravi Verma, A.C. to G.P.-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2017 Despite several adjournments given to the petitioner, the query raised by this Court has not been answered. Today also, learned counsel for the petitioner is not present, though a prayer has been made for an adjournment. The prayer for adjournment is denied.

It appears that the licences in favour of the father and son are not permissible as per Letter No.8444 dated 08.10.1980 of the Food, Supply and Commercial Department. It is the consistent provision of law that the licences could not be issued to two persons within the same family. As such, if any such licences were issued in favour of the father and son, the action impugned by the State is sustainable and cannot be

Patna High Court CWJC No.13730 of 2013 (16) dt.24-08-2017 2/2 interfered with.

The writ application, thus, stands dismissed. (Anjana Mishra, J) PNM U