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Patna High CourtCWJC/13273/2017disposed

Jaynarayan Sah v. The State Of Bihar And ORS

2018-02-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13273 of 2017 =========================================================== Jaynarayan Sah, Son of Late Gauri Kant Sah, Resident of Village-Gandaul, PostBaghwa, P.S.- Mahishi, District-Saharsa. .... .... Petitioner

Versus

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

2. The District Magistrate, Saharsa, District-Saharsa.

3. The Sub-Divisional Officer, Sadar, Saharsa, District-Saharsa.

4. The Block Supply offices, Mahishi, District-Sarharsa. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate For the Respondents : Mr. Lalan Kumar, AC to GP9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for issuance of P.D.S. licence on compassionate ground in the name of the petitioner.

3. Learned counsel for the petitioner submits that after death of his father who was a P.D.S. dealer, the petitioner has submitted his application for grant of P.D.S. licence. It is stated that despite enquiry and recommendation by the Block Supply Officer, Mahishi, Saharsa finding the petitioner's application competent for grant of P.D.S. licence on compassionate ground, the same has not yet been issued.

4. Learned counsel for the State appears and has been

Patna High Court CWJC No.13273 of 2017 dt.19-02-2018 2/2 heard.

5. Having regard to the nature of grievance of the petitioner, the writ petition is disposed of with a direction to the SubDivisional Officer, Sadar, Saharsa, District-Saharsa (respondent no. 3) to consider and dispose of the petitioner's application for grant of P.D.S. licence on compassionate ground on its own merit and in accordance with law expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this judgment.

6. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner for grant of PD.S. licence.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24.02.2018 Transmission Date N.A.