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Patna High CourtCWJC/607/2018disposed

Subodh Kumar Singh v. The State Of Bihar And ORS

2025-08-20Justice Smt. G. Anupama Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.607 of 2018 ====================================================== Subodh Kumar Singh Son of Late Ramprit Singh resident of Village - Marchi, Ward No. 37FA, Post Office - Begumpur, Police Station - Bypass Patna, District - Patna.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The District Supply Officer, Patna.

5.

The Sub Divisional Officer, Patna Sadar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Karna, Advocate For the Respondent/s :

Mr. Arvind Ujjwal- SC 4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 20-08-2025

1. The writ petition is filed for the following reliefs:

" For quashing the order contained Memo No. 539 dated 18.11.2017 by which the grant of Public Distribution System License on compassionate ground had been rejected without considering that the father of the Petitioner died before coming into effect of Bihar Targeted Public Distribution System Control Order 2016 and the case of the Petitioner is covered by the provision of

Patna High Court CWJC No.607 of 2018 dt.20-08-2025 2/3 the Public Distribution System Control Order 2001 in which there was no qualification fixed for grant of Public Distribution System License on compassionate ground and the Petitioner further prays for a direction to the Respondent authority to grant the Public Distribution System License to the Petitioner on compassionate ground under the provision of the Control Order 2001 and Notification dated 15.02.2007 as the father of the Petitioner died on 01.03.2016 as Public Distribution System Licensee when the Public Distribution System Control Order 2001 was existed."

2. At the outset, the Learned Counsel for the petitioner brought to the notice of this Court that in the case of Rajnish Paswan Vs. State of Bihar passed in CWJC No. 747 of 2018, the authorities considered a compassionate appointment even though the applicant did not possess a matriculation certificate at the time of making his representation. It is submitted that the same principle may be applied in the petitioner's case.

Patna High Court CWJC No.607 of 2018 dt.20-08-2025 3/3

3. In light of the above, the petitioner is granted liberty to approach the District Magistrate, Patna, by submitting an appropriate application drawing attention to the case of Rajnish Paswan Vs. State of Bihar passed in CWjC No. 747 of 2018 along with all relevant documents, including educational qualification certificates. In turn, the District Magistrate, Patna, shall consider the petitioner's representation on merits and shall pass an appropriate order within a period of two months from the date of receipt of this order.

4. With the aforesaid observations, the writ petition stands disposed of.

5. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.08.2025 Transmission Date