Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.861 of 2020 ====================================================== Ranjit Kumar S/o- Late Kailash Singh @ Kailash Prasad Singh R/o- MohallaAnjan, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna.

3.

The District Magistrate, Aurangabad.

4.

The District Supply Officer, Aurangabad.

5.

The Sub- Divisional Officer, Aurangabad.

6.

The Block Supply Officer, Madanpur, Aurangabad. 7.

Sudhir Kumar Singh S/o- Ram Anugrah Narayan Singh P.D.S., Dealer (Neema Anjan PACS), R/o- At and P.O.- Anjan, P.S.- Madanpur, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Respondent/s :

Mr.Arvind Ujjawal ( Sc4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2020 Heard the learned counsel for the parties.

The petitioner has challenged the appellate order of resumption of license of the licensee, whose license was cancelled for some reason or the other and he has been warned to be very particular in observing the manner in which a public distribution shop is to be run.

Be it noted that the only locus of the petitioner

Patna High Court CWJC No.861 of 2020(2) dt.16-01-2020 2/3 is that he was one of the complainants, on whose complainant, the license was cancelled. On his complaint, an F.I.R. also was registered against the licensee.

It has also been submitted by the learned counsel for the petitioner that the investigation in the concerned F.I.R. has not been taken to any logical conclusion. This aspect of the matter, though has been taken note of, especially of the provision contained in Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016, but the petitioner is being nonsuited in the first instance only on the ground of absence of any locus of the petitioner. If the present petition is in the nature of social action litigation, this Court is least competent. As such, the prayer made on behalf of the petitioner is rejected.

In case, the licensee does not run the shop properly and in accordance with the directions under the Bihar Targeted Public Distribution System (Control)

Patna High Court CWJC No.861 of 2020(2) dt.16-01-2020 3/3 Order, 2016, the petitioner would be perfectly within his rights to make a fresh complaint against him. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U