Disposed

Narayan Tiwari and Anr. v. The State Of Bihar and Ors.

Patna HC7 Jan 2019CWJC/23506/2018

Case brief

AI extract

What is this about?

The High Court disposed of a PIL questioning a notice inviting applications for PDS licenses. The Court held that no cause of action arises until a dealer is allotted a license contrary to statutory provisions, thus refusing to interfere with the notice at this stage.

What did the court decide?

Writ petition dismissed without interference in the notice, liberty granted to approach the authority in case of contrary allotment.

Narayan Tiwari and Anr. Vs The State Of Bihar… — Public Procurement and Tenders | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23506 of 2018

¶2

======================================================

¶3

Narayan Tiwari S/o Late Kashi Nath Tiwari R/o Village-Chandawa,P.S. Nawada, Ara,Distt.-Bhojpur

¶4

Rajnikant Rajak S/o Rajo Ram Rjak Resident of Village-Bhojpur,Sinhaghat P.S.Barahara, Distt.-Bhojpur, Ara

¶5

... ... Petitioners

¶6

Versus

¶7

The State of Bihar through the Principal Secretary, Food and Consumer Protection Deptt, Govt. of Bihar, Old Secretariat, Patna

¶8

The District Magistrate, Bhojpur

¶9

The Sub-Divisional Officer, Sadar, Ara

¶10

... ... Respondents

¶11

====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar Mishra, Adv. For the Respondent/s : Mr.Alok Ranjan, AC to AAG-5 ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

¶13

Date : 07-01-2019

¶14

The defect is ignored and the matter is taken up for consideration.

¶15

Mr. Awadhesh Kumar Mishra, learned Counsel appears for the petitioners and Mr. Alok Ranjan, learned AC to AAG 5 appears for the State.

¶16

This writ petition filed in public interest questions a notice pasted on the wall of the office of the Sub-Divisional Officer, Sadar, Arrah, whereby the applications have been invited for allotment of licenses under the Public Distribution System.

¶17

According to Mr. Mishra, the notice is not in tune with the statutory provisions regulating allotment of licence.

¶18

Patna High Court CWJC No.23506 of 2018 dt.07-01-2019 2/2

¶19

In our opinion, whether or not the notice is in tune with the statutory provisions, any cause of action can only arise if the allotment of licence is made to any dealer contrary to the statutory provisions. Until such time that the authority competent under the Public Distribution Order or the statutes governing such allotment acts contrary to stipulation, the petitioners can not have any grievance and in the circumstances discussed, we also are not persuaded to interfere with the notice in question at this stage. Having observed thus, we dispose of the writ petition reserving liberty for the petitioner to approach the appropriate authority to question any allotment so made, in case it is found contrary to the statutory conditions and/or it is contrary to any judicial pronouncement of this Court.

¶20

With the observations above and with liberty so granted, the writ petition is disposed of.

¶21

(Jyoti Saran, J)

¶22

( Arvind Srivastava, J)

¶23

Archana/

¶24

Surendra/-

¶25

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	10.01.2019
Transmission Date	NA

Narayan Tiwari and Anr. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Narayan Tiwari and Anr. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vandana @ Vandana Mishra Vs Anil Mishra

Veena Kumari Vs The State Of Bihar and Ors.

Nasreen Praveen Vs The State Of Bihar and Ors.

Ram Pravesh Rai @ Ram Pravesh Suman Vs The State Of Bihar and Ors.

Akeel @ Akil Vs The State Of Bihar and Ors.

Md. Asgar Khan Vs The State Of Bihar and Ors.