Prawesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16270 of 2022 ====================================================== Prawesh Kumar Paswan, son of Late Shambhu Paswan, Resident of VillageRaksi, Village Panchayat- Utari Lodhway, Police Station- Fatehpur, DistrictGaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The District Magistrate cum the Chairman District Selection Committee, Gaya.

3.

The Sub-Divisional Officer cum Licensing Authority, Sadar Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-02-2023 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Upendra Pratap Singh, learned AC to SC-4 for the State.

2. Petitioner is aggrieved by the action of SubDivisional Officer, Sadar, Gaya, in spite of the order dated 28.07.2021 having passed by him has been quashed by this Court vide order dated 10.02.2022 passed in C.W.J.C. No. 20633 of 2021.

3. In light of the order dated 10.02.2022 passed in C.W.J.C. No. 20633 of 2021, the Sub-Divisional Officer, Sadar, Gaya, was required to comply the order forthwith. The present petitioner is the son of the original licensee namely Shambhu Paswan who had died before such exercise was required to be

Patna High Court CWJC No.16270 of 2022(2) dt.28-02-2023 2/2 taken by the Sub-Divisional Officer. The petitioner has filed a detailed representation before the Sub-Divisional Officer, Sadar, Gaya, for issuance of P.D.S. license in his name after its approval by the District Compassionate Appointment Committee.

4. Considering the limited relief sought by the petitioner, the Sub-Divisional Officer, Sadar, Gaya, is directed to forthwith refer the case of the petitioner to the District Compassionate Appointment Committee, if the same has not been done till date in compliance of the order dated 10.02.2022 passed in C.W.J.C No. 20633 of 2021.

5. The District Compassionate Appointment Committee headed by the District Magistrate, Gaya, is directed to take a final decision within a period of thirty days, taking into consideration that the order passed in C.W.J.C. No. 20633 of 2021 was passed as back on 10.02.2022.

6. With aforesaid observation and direction, the writ petition stands disposed of.

(Purnendu Singh, J) Mantreshwar Aditya/- U