Dismissed

Ganesh Sahani v. The State Of Bihar and Ors.

Patna HC21 Jun 2013CWJC/12829/2012

Case brief

AI extract

What is this about?

The High Court at Patna dismissed a writ petition seeking a licence to run a fair price shop. The petitioner, an EBC and handicapped individual, claimed entitlement to reservation under the Fair Price Shop Order, 2007. The Court held that subsequent amendments in 2011 deleted reservation provisions, limiting licences to specific institutions, and dismissed the application.

What the court decided

AI extract

Ganesh Sahani Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12829 of 2012

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====================================================== Ganesh Sahani S/O Tileshwar Sahani Resident Of Village: Sahatha, P.S. Bhagwanpur, Dist.: Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Food Supply & Commerce Department, Bihar, Patna 2. The District Magistrate Cum Chairman Of Selection Committee, Vaishali At Hajipur 3. The District Supply Officer Cum Secretary Selection Committee, Vaishali, Hajipur 4. The Suv Divisional Officer Cum Licensing Authority, Hajipur, Vaishali 5. The Block Supply Officer, Bhagwanpur, Vaishali, Hajipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr, Satusg Kr. Sinha Mr. Nityanand For the State : Mr. Rajesh Kumar Mishra, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 21-06-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks direction upon the respondents to grant licence to him to run a shop under the Public Distribution System (Control) Order, 2001 and to consider his application dated 27.2.2012 for running the fair price shop.

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The petitioner claims to be an educated unemployed person having qualification of matriculation and physically handicapped by birth belonging to extremely backward class.

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It is submitted by learned counsel for the petitioner that in terms of the provisions of the Fair Price Shop Order, 2007 issued by the Government of Bihar, the petitioner is

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Patna High Court CWJC No.12829 of 2012 (2) dt.21-06-2013

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2 / 2

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S.Pandey/-

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entitled to reservation in allotment of fair price shop as a member of extremely backward class in terms of Clause 2.1(iv) and also as a handicapped person in terms of Clause 2.4(f) of the said Order.

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Learned counsel for the State points out that the provisions of the Bihar Fair Price Shops Order have been amended by notification dated 23.6.2011 and now there is no provision for reservation in allotment of fair price shop and even Clause 2.4 now does not provide for any priority and by the said amendment it has been laid down that new licence shall be issued to only five categories of institutions, namely, Primary Agriculture & Health Society, Self Help Groups, Ex-Army Cooperative Society, Consumers Society and Women Co-operative Society.

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In view of the amendments made to the Bihar Fair Price Shops Order in the year 2011, the provision for reservation to Scheduled Castes and Scheduled Tribes and other backward class having been deleted and the licence being directed to be issued only to five categories of institutions, the petitioner does not have any case for consideration of his application dated 27.2.2012 by the respondents.

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The writ application is, accordingly, dismissed.

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(Ramesh Kumar Datta, J)

Ganesh Sahani v. The State Of Bihar and Ors.

Case brief

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Ganesh Sahani v. The State Of Bihar and Ors.

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