Guriya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13000 of 2022 ====================================================== Guriya Devi W/o Sri Ajay Kumar Resident of Village- Supaul Bazar, Ramnagar, P.O. and P.S.- Biraul, District- Darbhanga- 847203. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.
2.
The Additional Secretary, Food and Consumer Protection Department, Bihar, Patna.
3.
The Collector, Darbhanga.
4.
The District Supply Officer, Darbhanga.
5.
The Licensing Officer-cum-Sub-Divisional Officer, Biraul, Darbhanga. 6.
The Block Supply Officer, Biraul, Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushalesh Choudhary For the Respondent/s :
Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 06-02-2023 Heard Mr. Kaushalesh Choudhary, the learned Advocate for the petitioner and Mr. Upendra Pratap Singh, the learned counsel for the State.
The request made by the petitioner for considering her for grant of license on compassionate
Patna High Court CWJC No.13000 of 2022(3) dt.06-02-2023 2/3 ground because of death of her mother, a licensee under the PDS scheme has fallen on deaf ears.
The learned counsel for the petitioner submits that she had been managing the shop on behalf of her mother, the licensee who has died during the currency of the licensee.
Mr. Upendra Pratap Singh, however, has submitted that the petitioner would not be entitled for grant of license on compassionate ground, as she does not fall in the category of relatives, who could be granted license on compassionate ground.
The wife or husband of the deceased licensee or his/her son, unmarried daughter, daughter-in-law as well as widow of his/her son are the relatives, who could be considered for grant of license.
There is no provision made for married daughter of the licensee to be granted license on compassionate ground in the event of death of the licensee. Thus, the petitioner's claim to be granted license on compassionate ground is based on sheer sympathy
Patna High Court CWJC No.13000 of 2022(3) dt.06-02-2023 3/3 which cannot be enforced in the present writ petition. The writ petition is dismissed accordingly.
(Ashutosh Kumar, J) (Satyavrat Verma, J) sharun/sunilU