Mosmat Lakhpati v. The State Of Bihar And ORS

Patna High Court CWJC No.8284 of 2015 dt.13-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8284 of 2015 =========================================================== Mosmat Lakhpati wife of Late Suresh Prasad, Resident of Village + Post OfficeSheorajpur, Police Station- Nautan, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Collector, West Chamaparan.

3. The Sub Divisional Officer, Sadar Bettiah. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the Respondents : Mr. Uday Shankar Sharan Singh, GP-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-08-2018 The present writ petition has been filed for grant of license of PDS shop to the petitioner on compassionate ground.

2. Learned counsel for the petitioner submits that pursuant to death of her husband on 02.11.2012, she claims to have filed an application before the District Magistrate, West Chamapran at Bettiah for grant of license on compassionate basis but no order thereon has been passed.

3. Learned counsel for the respondents opposes the writ petition, inviting reference to the application of the petitioner claimed to have been filed, but which does not contain any acknowledgment with signature to corroborate such claim. Moreover,

Patna High Court CWJC No.8284 of 2015 dt.13-08-2018 the same has been addressed to the District Magistrate and not to the licensing authority.

4. A perusal of the said application of the petitioner (Annexure-5) does not disclose the acknowledgment of the same having been filed. At the top margin the words S.D.O., Bettiah appear but no signature has been made. The application itself is shown to have been addressed to the District Magistrate and not to the Sub-Divisional Officer, the latter being the licensing authority.

5. In this view of the matter, this Court is not inclined to interfere in the matter. However if the petitioner's application is found to be on record of the respondents, the present judgment would not come in the way of disposal of such application on its own merits.

6. The writ petition stands disposed of.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18.08.2018 Transmission Date N.A.