Chuman Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1301 of 2021 ====================================================== CHUMAN CHOUDHARY Son of Rama Kant Choudhary resident of Village and Post Office- Sundarpur Barza, P.s.- Bihiyan, District- Bhojpur at Ara ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Foods and Civil Supply, Government of Bihar, Patna 2.

The Collector cum District Magistrate, Bhojpur at Ara 3.

The District Supply Officer, Bhojpur at Ara 4.

The Sub Divisional Officer cum Licensing Authority Sadar Ara, DistrictBhojpur 5.

The Circle Officer, Sadar Ara, District- Bhojpur 6.

The Block Development Officer, Sadar Ara, District- Bhojpur 7.

The Block Supply Officer, Sadar Ara, District- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 04-01-2023 Heard the learned counsel for the petitioner and the State.

The father of the petitioner, who was a licensee under the Public Distribution System Scheme, died on 10.03.2012, necessitating the petitioner to file an application after obtaining no objection certificate from

Patna High Court CWJC No.1301 of 2021 dt.04-01-2023 2/3 other claimants for grant of license on compassionate grounds.

Acting on the aforesaid application, the Licensing Authority had asked for a report regarding the petitioner from the Block Supply Officer, but no report was submitted and consequently the case of the petitioner has not yet been placed before the District Selection Committee for taking a final decision whether the petitioner is entitled to be granted license on compassionate ground.

In view of such submission made on behalf of the petitioner, we direct that the District Magistrate, after perusing the records and finding that the claim of the petitioner is tenable, shall put the case of the petitioner in the agenda of the District Selection Committee and shall consider the case of the petitioner for grant of license on compassionate ground. If for any reason it is found by the Collector that the petitioner is not entitled for any consideration, this order shall not be given effect to.

Patna High Court CWJC No.1301 of 2021 dt.04-01-2023 3/3 Needless to say that if at all consideration has to be made, there should not be any unusual delay for the reason that the death of the father of the petitioner had taken place in the year 2012 and necessary application for grant of license on compassionate ground was made within two years.

The petition is disposed of with the afore-noted directions.

(Ashutosh Kumar, J) (Satyavrat Verma, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.01.2023 Transmission Date