The Patna High Court dismissed an appeal by an individual challenging the allotment of a Public Distribution System dealership to a Cooperative Society. The court held the matter was business rivalry and affirmed the Writ Court's refusal to interfere.
The Letters Patent Appeal was dismissed; the appellant's claim for a dealership was rejected.
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
Letters Patent Appeal No.279 of 2017 IN
Civil Writ Jurisdiction Case No. 19832 of 2011
=========================================================== Bijay Kumar Singh, Son of Late Shyam Sunder Prasad Singh, Resident of VillageMankurha, Khanpura, P.S.-Paliganj, District-Patna
.... .... Appellant/s Versus
.... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Rajendra Sharma For the Respondent/s : Mr. S Raza Ahjmad,AAG5
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-11-2017
Appellant claims for a dealership under the Public Distribution System and calls in question allotment of dealership to a Primary Agriculture Credit Co-operative Society. Finding that the aforesaid issues seems to be a business rivalry and taking note of the various claims of the dealership business it has been held that grant or refusal of licence is an executive act until and unless it is found to be contrary to the statutory orders, the learned Writ Court refused to interfere into the matter.
Patna High Court LPA No.279 of 2017 dt.13-11-2017
2/2
We see no error in the order passed by the learned Writ
Court warranting reconsideration in the matter.
Learned counsel for the appellant tried to indicate that certain notification and guidelines have been violated and, therefore, the order is unsustainable. Even on such ground now for the allotment made in the year 2011, based on certain developments that have taken place subsequently we see no reason to make any indulgence in the matter.
The appeal is, therefore, dismissed.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
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| AFR/NAFR | NAFR |
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| CAV DATE | N.A. |
| UploadingDate | 15//11/2017 |
| Transmission Date |
N.A. |
1 issue framed by the court
Whether the High Court was justified in dismissing an appeal against a refusal of dealership under the Public Distribution System.
Bijay Kumar Singh
The State of Bihar through the Commissioner-cum-Secretary, Food and Civil Supply, Patna
The District Magistrate, Patna
The Sub Divisional Officer, Paliganj
The Block Supply Officer, Paliganj
Shyam Sharma
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
