Disposed

Arun Kumar and Anr. v. The State Of Bihar and Ors.

Patna HC17 Apr 2019CWJC/2031/2019

Case brief

AI extract

What is this about?

Petitioners challenged non-grantee of PDS shop licenses for Scheduled Caste and Extremely Backward Class (Female) categories. The court directed the Sub-Divisional Officer to decide the grievance within 60 days according to the Bihar Targeted PDS (Control) Order, 2016.

What did the court decide?

Petitioners directed to file a writ application within 60 days for grant of PDS license in accordance with Bihar Targeted PDS (Control) Order, 2016.

Arun Kumar and Anr. Vs The State Of Bihar and Ors. — Patna HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2031 of 2019

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Arun Kumar aged about 43 years (Male) son of Ramdas Dharhi @ Ram Das Ram Village- Kaindi, panchayat- kaindi, Block- Halsi P.S- Halsi, DistrictLakhisarai

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Tanuja Sinha aged about 32 years (Female) wife of Yogendra Kumar Ray Resident of village- Shekhpurwa, P.O- Parsawan, Panchayat- Kaindi, BlockHalsi, P.S- Ramgarh Chowk, District- Lakhisarai

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... ... Petitioners

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Versus

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The State Of Bihar through Secretary, food and Consumer Protection Department, Old Secretariat, Patna

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The Chairman, District Level Selection committee,District- Lakhisarai Bihar

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The Collector cum District Magistrate, Lakhisarai Bihar

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The Sub-Divisional Officer, Lakhisarai Bihar

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr.Vijay Anand, Advocate Mr. Preety Kunwar, Advocate For the Respondent/s : Mr.Arvind Ujjwal (SC4) Mr. Upendra Pratap Singh, A.C. to S.C.4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 17-04-2019 It is the grievance of the petitioners that even though there are three seats as per roster available in Kaindi Panchayat Block Halsi District – Lakhisarai for grant of license to the Public Distribution Shop Dealer out of which one seat is for scheduled caste and another seat is for general and last one is for Extremely Backward Class (Female), when the petitioners submitted their application under schedule caste category and Extremely Backward Class (Female) respectively online pursuant to the general notice published by the Collector, Lakhisarai on 02.01.2018 their case have not been considered

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Patna High Court CWJC No.2031 of 2019(2) dt.17-04-2019 2/3

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for grant of license.

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Referring to Annexure ‘3’ to the writ application , learned counsel submits that it is provisional merit list of the New PDS Dealers (2017-18) of Panchayat Kaindi, Block – Halsi. It shows the name of the two petitioners who had applied for Kaindi Panchayat but when Annexure ‘4’ which is the final select list was issued, it was found that no license has been granted to any person for the Kaindi Panchayat.

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Learned counsel submits that there is no reason why the Sub-Divisional Officer, Lakhisarai will not take a decision with respect to the grant of license for the Kaindi Panchayat.

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Learned counsel for the State submits that presently he has no instruction but in the given facts and circumstances of the case appropriate direction may be issued to the SubDivisional Officer, Lakhisarai who is the competent authority to look into the grievance of the petitioner and take a decision thereon.

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In the given facts and circumstances of the case, this court directs the Sub-Divisional Officer, Lakhisarai to look into the grievance of the petitioner, consider the same and take an appropriate decision thereon within a period of 60 days from the date of receipt/production of a copy of this order. Such a

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Patna High Court CWJC No.2031 of 2019(2) dt.17-04-2019 3/3

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decision will be taken only in accordance with provisions of the Bihar Targeted PDS (Control) Order, 2016 and law.

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This writ application is disposed of in terms stated

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hereinabove.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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Arun Kumar and Anr. v. The State Of Bihar and Ors.

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Arun Kumar and Anr. v. The State Of Bihar and Ors.

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