The petitioner Fair Price Dealers Association sought a direction to consider a committee report for facilities at par with other States and to be declared government servants. The Court held the matter pertained to executive policy, thus refused interference and dismissed the writ petition.
None granted. Writ application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18868 of 2011
====================================================== 1. Fair Price Dealers Association, Registered Office Bhikhna Pahari, Patna 4 And Head Office, Uran Tola, New Bypass Road, Anisabad, Patna-2 Through Its Joint Secretary, Krishna Kumar Singh Son Of Late Basudeo Singh Resident Of Village-Chandpur Nanhakar, P.S.-Desari, DistrictVaishali. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary, Old Secretariat, Patna. 2. The Principal Secretary, Food And Consumer Protection Department, Government Of Bihar, Old Secretariat, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shreekant Labh For the Respondent/s : Mr. Dinbandhu Singh Gp9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
6 05-01-2016 Heard.
The petitioner claims to be an association of fair price dealers in the State of Bihar and prays for a direction to consider the report of the three men Committee regarding facilities to be given to the dealers of public distribution system at par with other States. It is also the claim that they should be declared as government servant.
Obviously, the matter pertains to the policy decision of the State Government. This Court, in exercise of its writ jurisdiction, would refrain from issuing any direction in this regard particularly when the State after having examining the claim of the petitioner has already rejected the claim of the association as
Patna High Court CWJC No.18868 of 2011 (6) dt.05-01-2016
2/2
apparent from the counter affidavit filed on behalf of the State.
The writ application is, accordingly, dismissed.
(Kishore Kumar Mandal, J)
Pankaj/-
U
2 issues framed by the court
Whether the High Court can interfere with the State Government's policy decision to confer welfare facilities on fair price dealers at par with other States.
Whether the association is entitled to be declared as a government servant under the writ jurisdiction.
Fair Price Dealers Association
The State Of Bihar Through The Chief Secretary
The Principal Secretary, Food And Consumer Protection Department, Government Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
