Disposed

Dharmendra Sharma v. The State of Bihar

Patna HC21 Feb 2022CWJC/5591/2021

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging the rejection of an application to transfer a PDS licence following a Chairman's resignation. The Court directed the Licensing Authority to consider a fresh application from the cooperative society with necessary inputs regarding the Administrator within eight weeks.

What did the court decide?

Petitioner directed to file a fresh application with necessary inputs; Authority to consider it within eight weeks.

Dharmendra Sharma Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5591 of 2021

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Dharmendra Sharma S/o Shri Ramswaroop Sharma Resident of Chandi Mahto Tola, Tikarampur, P.S. Mufassil, District- Munger.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

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The Collector, Munger.

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The District Supply Officer, Munger.

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The Sub Divisional Officer, Sadar, Munger.

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The Block Supply Officer, Sadar, Munger.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-4

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====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

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Date : 21-02-2022

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Heard Mr. N.K. Agarwal, learned Senior Advocate for the petitioner and Mr. Upendra Pratap Singh, AC to SC-4 for the State.

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The order dated 17.12.2020 passed by the S.D.O., Sadar, Munger is under challenge.

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Kamal Kumar @ Kamal Kishore was the Chairman of Mahadeo Jan Seva Sansthan Samiti in whose name the licence to run the PDS shop was given. Aforesaid Kamal Kumar @ Kamal Kishore resigned. This necessitated change in the name of the licensee for which necessary application was made before the licensing authority. That

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Patna High Court CWJC No.5591 of 2021 dt.21-02-2022 2/4

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request has been turned down on the ground of the licence under the PDS scheme to be non-transferable as provided under Rule 16 of the Bihar Targeted P.D.S. (Control) Order, 2016.

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Mr. Agarwal submits that Rule 16 provides for transfer of licence and there is a proscription in the rule of the licence being non-transferable in the name of any member of a family or of any other person. There is a further embargo in inducting any partner in such licence.

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Mr. Agarwal, therefore, contends that this provision is limited to the individual licensees and ought not to be applied in cases of licence of self-help groups or of co-operative societies.

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Nothing has been brought on record to indicate the procedure by which the post of Chairman of the Cooperative society would be filled up in case of his resignation or the post falling vacant for any other reason.

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In order to cover the aforesaid circumstance, it is the requirement under the Bihar Targeted P.D.S. (Control) Order, 2016 that such co-operative societies desirous of obtaining licence need to apply for the same under Schedule 2 to the Bihar Targeted P.D.S. (Control) Order, 2016.

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One of the inputs which is required to be given for obtaining licence in the name of a co-operative society

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Patna High Court CWJC No.5591 of 2021 dt.21-02-2022 3/4

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or a self-help group is the details of the members of the Managing Committee of such society.

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It has also to be informed that in case such Managing Committee is superceded, who would be named and designated as an Administrator.

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Perhaps the petitioner did not specify before the licensing authority while making a request for transfer of licence in name of the Treasurer of the co-operative society that in the absence of Chairman, either by way of his resignation or the post falling vacant for any other reason, the Treasurer would be the in-charge administrator in the interregnum.

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When such information has not been provided, the only order which could have been passed by the authority was rejection in view of Rule 16.

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Mr. Agarwal submits that at present he is not aware whether such information was provided by the cooperative society while obtaining licence in its name.

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We are therefore inclined to dispose of this writ petition by directing that in case a fresh application is made before the Licensing Authority with necessary inputs as noted above, it shall be considered by the concerned authority and an order shall be passed without any delay, preferably within a period of eight weeks of filing of such representation and that shall be intimated to the petitioner.

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Patna High Court CWJC No.5591 of 2021 dt.21-02-2022 4/4

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Needles to say that the order shall be a speaking

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order.

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With the aforesaid direction/observation, the writ

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petition is disposed of.

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(Ashutosh Kumar, J)