Raushan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.871 of 2022 ====================================================== Raushan Kumar Jha, Son of Sri Krishna Jha, Resident of Village - Aadawan Ward No. 9, Panchayat Musachar, Block - Bairgania, P.S. - Bairgania District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of Food, Civil and Consumer Affairs, Bihar, Patna.

2.

The Principal Secretary, Department of General Administration and Reform, Government of Bihar, Patna.

3.

The District Magistrate, Sitamarhi.

4.

The Sub Division Officer, Sadar, Sitamarhi.

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Adv.

For the State :

Mr. Upendra Pratap Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 27-04-2022 Heard Mr. Shashi Bushan Kumar, the learned Advocate for the petitioner and Mr.

Patna High Court CWJC No.871 of 2022 dt.27-04-2022 2/3 Upendra Pratap Singh, the learned counsel for the State.

2. The present petition is for issuance of a direction to the respondents for making amendments in Clause 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016 (in short the Control Order of 2016) by adding the father and younger brother of the deceased unmarried licensee in the definition of dependents for the purposes of grant of P.D.S. license.

3. No such direction can be issued as this is in the domain of the State Legislature.

4. Nonetheless, if the petitioner is sanguine that the Control Order of 2016 in so far as it relates to Clause 10, which provides for compassionate grant of license to the relatives of a deceased licensee, necessary representations may be made before the Principal Secretary of the Department, who shall consider the desirability of suggesting to the authorities concerned for such

Patna High Court CWJC No.871 of 2022 dt.27-04-2022 3/3 amendment. Beyond this, no direction could be given in this petition.

5. The writ petition stands disposed of accordingly.

(Ashutosh Kumar, J) (Anjani Kumar Sharan, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.04.2022 Transmission Date N/A