Patna High CourtCWJC/22548/2014dismissed

Md. Jamil v. The State Of Bihar And ORS

2018-08-02Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22548 of 2014 =========================================================== Md. Jamil, Son of Late Shahabuddin, Resident of village-Khabdah, P.S. Narpatganj, District - Araria.

.... .... Petitioner

Versus

1. The State of Bihar, through the Collector, Araria.

2. The Collector, Araria.

3. The District Supply Officer, Araria.

4. The Sub-Divisional Officer, Forbesganj, Araria. .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-08-2018 None appears on behalf of any of the parties when the matter is called.

2. The present writ petition has been filed for the following reliefs- "(i) To grant licence to the petitioner for running the shop under Public Distribution System on compassionate ground as the father of the petitioner who was having licence bearing No. 10N/85 for running the shop under Public Distribution System, has died on 07-08-2013 before completing the age of 54 years. (ii) To quash the decision taken by the District Selection Committee, Araria in the proceeding dated 28-12-2013 contained in Memo No. 04 dated 04-01-2014 at serial No. 15 whereby final decision regarding grant of P.D.S. Licence to the petitioner has been kept pending. (iii) For any other relief/reliefs for which the petitioner

Patna High Court CWJC No.22548 of 2014 dt.02-08-2018 2/2 is found entitled in the facts and circumstances of the case."

3. A perusal of the averments in the writ petition discloses that the petitioner, upon death of his father on 07.08.2013, the holder of PDS Licence No. 10N/85, applied for grant of PDS licence on compassionate basis. The same however was kept pending for a considerable period and by the impugned decision of the District Selection Committee taken earlier on 28.12.2013, final decision regarding grant of PDS licence to the petitioner was kept pending.

4. A counter affidavit has been filed on behalf of the respondents, in paragraph 17 whereof the District Selection Committee in its meeting held on 23.07.2015 has rejected the claim of the petitioner.

5. Having regard to the aforesaid stand of the respondents in the counter affidavit and the same has not been controverted as no rejoinder thereto has been filed, the prayer in the writ petition has now become infructuous. The writ petition stands dismissed. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

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