Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21136 of 2021 ====================================================== Pawan Kumar S/o Mahendra Singh Resident of Village- Karnpur Bochaha, Panchayat- Karnpur Bochaha (South), Block- Bochaha, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The District Magistrate Muzaffarpur.

3.

The Sub-Divisional Officer Muzaffarpur (East). 4.

Block Supply Officer Bochaha.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Prakash Poddar, Advocate For the Respondent/s :

Mr. Anisul Haque, Advo ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 22-02-2022 Heard Mr. Prem Prakash Poddar, learned Advocate for the petitioner and Mr. Anisul Haque for the State.

The petitioner seeks a direction to the respondent no. 3 to grant licence to him under the Public Distribution System as his father, who had been a licensee, died on 07.05.2021 due to Covid-19 infection.

Shortly after his death, the petitioner made an application in Schedule-I to the Bihar Targeted PDS

Patna High Court CWJC No.21136 of 2021 dt.22-02-2022 2/3 (Control) Order, 2016 but such application is still hanging fire. At the time of submission of the application for grant of licence under the compassionate scheme, the father of the petitioner had completed 57 years of age. He had been a licensee for the last 20 years and after his death, the entire family is on the brink of starvation.

It has been urged on behalf of the petitioner that there could be no other claimant for being granted licence on compassionate ground.

Whatever may be the case, the concerned respondent ought to take a decision on such application as expeditiously as possible and pass an order which is required to be communicated to the petitioner. We, therefore, direct the concerned respondent to dispose of the application of the petitioner by a reasoned order. In case the claim of the petitioner is worth accepting, necessary sequel order shall be passed. If for any reason the petitioner would not be found entitled to be given the licence on compassionate ground, the reason and

Patna High Court CWJC No.21136 of 2021 dt.22-02-2022 3/3 the decision in that regard shall be communicated to the petitioner forthwith. This Court expects that the entire exercise shall be completed within a period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2022 Transmission Date NA