Patna High Court - Orders
Hari Om Kumar Gupta vs The State Of Bihar And Ors on 11 March, 2019
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.413 of 2019
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Hari Om Kumar Gupta, Son of Late Baij Prasad @ Baij Nath Kumar Gupta
@ Baij Nath Sah @ Baij Nath Prasad Sah, Resident of Village-
Khaira,Bhudar,P.S. Bikramganj,Distt.-Rohtas at Sasaram
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Food and Supply
Department, Government of Bihar, Patna.
2. The Sub Divisional Officer,P.S. Bikramganj,Distt.-Rohtas at Saaram
3. The District Supply Officer,Rohtas (Sasaram),Dist.-Rohtas at Sasaram
4. The Assistant District Supply Officer,Rohtas Sasaram,Distt.-Rohtas at
Sasaram
5. The Circle Officer,Bikramganj,Distt.-Rohtas at Sasaram
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binod Kumar Singh, Adv.
Mr. Satyendra Prasad Singh, Adv.
Mr. Sumeet Kumar Singh, Adv.
For the Respondent/s : Mr. Maruth Nath Roy, AC to SC-4
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 11-03-2019Heard learned counsel for the petitioner and learned counsel representing the State.
A supplementary affidavit has been filed today on the behalf of the petitioner in which he has stated that the petitioner is Intermediate passed and he fulfills all the conditions prescribed under Rule 10 of the Bihar Targeted P.D.S. (Control) Order, 2016.
It is submitted that the petitioner has made his application on 19.01.2018 before the Sub-Divisional Officer, Bikramganj for grant of licence on compassionate ground as his Patna High Court CWJC No.413 of 2019(2) dt.11-03-2019 2/3 father died as a licensee of Public Distribution Shop. Petitioner has also submitted that the petitioner has family liabilites and in this regard an affidavit sworn by the mother of the petitioner has also been submitted. Certain allegations have been made in the writ petition citing as reason for not granting the licence to the petitioner.
Learned counsel for the State submits that in the given facts and circumstances of the case as the petitioner claims that he has submitted his application for grant of licence on compassionate ground and now he has sworn an affidavit showing that he fulfills all the conditions prescribed under Rule 10 of the Bihar Targeted P.D.S. (Control) Order, 2016, let the matter be considered by the Sub-Divisional Officer, Bikramganj who will take a decision thereon and shall pass an appropriate order within a reasonable time.
In the aforesaid view of the matter, the writ application is being disposed off with a direction to the Sub- Divisional Officer, Bikramganj, Rohtas at Sasaram to take a decision on the request of the petitioner for grant of licence of public distribution shop on compassionate ground. Such a decision shall be taken within a period of 90 days from the date of receipt/communication of a copy of this order. A copy of the Patna High Court CWJC No.413 of 2019(2) dt.11-03-2019 3/3 reasoned order must be communicated to the petitioner immediately after passing of the order. In case, the petitioner would be aggrieved by any such order, he will be at liberty to challenge the same in accordance with law.
The writ application stands disposed off with the observations and directions made above.
(Rajeev Ranjan Prasad, J) arvind/-
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