Patna High CourtCWJC/11584/2015disposed

Fakir Roy v. The State Of Bihar And ORS

2015-09-21Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.11584 of 2015 (2) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11584 of 2015 ======================================================

1. Fakir Roy son of Late Gosai Roy, Residing at village- Dudahi, P.S.- Babubarahi, District- Madhubani.

.... .... Petitioner/s

Versus

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

2. The District Magistrate, Madhubani.

3. The District Supply Officer, Madhubani.

4. The Sub-Divisional Officer, Madhubani Sadar.

5. The Block Supply Officer, Babubarahi, Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Respondent/s : Mr. B.J. Verma- Gp17 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-09-2015 The petitioner has applied for grant of licence for fair price shop under PDS scheme. He submits that his application for licence is not being considered in view of government notification dated 23.6.2011 amended certain provisions of PDS (Control) Order, 2007. The amendment excluded individual from consideration of grant of PDS licence.

Learned counsel for the petitioner submits that the said amendment has been set aside by a Division Bench holding it to be untenable in law. He thus, submits that the application of the petitioner for grant of licence be considered as the prohibition on grant of individual licence has been struck down by a Division

Patna High Court CWJC No.11584 of 2015 (2) dt.21-09-2015 Bench. The representation of the petitioner is contained in Annexures-5 and 6 to the writ application.

This writ application is disposed of with a direction to the licensing authority to consider the petitioner's application for grant of licence expeditiously preferably within three months from the date of receipt/production of a copy of this order. (Samarendra Pratap Singh, J) KHAN/- U