Lila Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.766 of 2018 dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.766 of 2018 =========================================================== Lila Devi, W/o Krishna Rai, Resident of Village- Piprahan, P.S.- Meenapur, District- Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Food & Consumer Protection, Bihar, Patna.

2. The District Magistrate, Muzaffarpur.

3. The Sub Divisional Officer, East, Muzaffarpur, District- Muzaffarpur.

4. The District Supply Officer, Muzaffarpur. null null

5. The Assistant District Supply Officer, Muzaffarpur. null null

6. The Block Development Officer cum Block Supply Officer, Meenapur, District- Muzaffarpur.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Pradhan Murli Manohar Prasad Mr. Raju Kumar Goswami, Advocates.

For the Respondents : Mr. S. Raza Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 The present writ petition has been filed for the following reliefs:

"(i) For issuance of an appropriate writ/s, order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondent no. 3 to issue a fair price shop license to the petitioner on compassionate ground whose husband died on 08.11.2014.

(ii) Further the respondent no. 3 may be directed to issue a fair price shop license to the petitioner taking into the consideration that District Supply Officer has already recommended for issuance of license in favour of the petitioner .

(iii) The petitioner seeks indulgence of the Hon'ble Court to grant him any other relief/s to which he is entitled in the facts and circumstances of the case."

Patna High Court CWJC No.766 of 2018 dt.20-02-2018

2. At the very outset, learned counsel for the petitioner submits that it will suffice if the petitioner is permitted to file appropriate representation before the Sub-Divisional Officer, East, Muzaffarpur in connection with her application for compassionate appointment filed on 31.12.2014 (Annexure-3) for redressal of her grievances raised in the present writ petition, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of granting liberty to the petitioner to file a fresh representation before the Sub-Divisional Officer, East, Muzaffarpur (respondent no. 3) for redressal of her grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of expeditiously and preferably within a further period of eight weeks thereafter in accordance with law. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.02.2018 Transmission Date N.A.