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Patna High Court - Orders

Chathu Sao vs The State Of Bihar &Amp; Ors on 11 July, 2008

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.1882 of 2008
                                       CHATHU SAO
                                           Versus
                               THE STATE OF BIHAR & ORS
                                         -----------

02.   11-07-2008

Petitioner has approached this Court by way of the present writ application because a decision taken by the respondent way back on 5.7.2006, as contained in ananexure-4, has not been acted upon. By virtue of this order the authorities decided to issue a PDS licence in favour of the petitioner. This order was in culmination of the exercise carried by the respondents pursuant to an earlier application, based on an advertisement, made by the petitioner on 24.5.2005.

Decisions made after due consideration by the State authorities are expected to be given effect to and inaction on their part can surely give right to the petitioner to approach this Court. There is no clear and cogent explanation as to why the decision taken has not been implemented. But in the counter affidavit filed on behalf of the respondents it is stated that even in matters of allocation of PDS licence the State authorities have laid down certain procedure and policy by bringing changes in the Public Distribution System (Control) Order, 2001.

In the normal course of things the decision communicated contained in annexure-4 ought to have been acted upon but since the licence in question has not been issued to the petitioner it will not be proper for this Court to ignore the changes in the policy and the law.

This Court, however, directs the District Magistrate, Patna that he being the Chairman of the District Selection Committee shall -2- consider the case of the petitioner and if it does not suffer from any infirmity otherwise which prima facie does not seem to be so, as the decision was taken as contained in annexure-4 in favour of the petitioner, he shall pass an appropriate order in this regard so that the matter is allowed to rest earlier. An early decision preferably in the first meeting of the District Selection Committee would be in order.

Petitioner is given liberty to file his representation with a copy of this order annexing the earlier decision which had been taken in his favour in this regard.

The writ application stands disposed of with the above liberty and direction. 

rkp                            (Ajay Kumar Tripathi, J.)