IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10261 of 2008
NEELAM DEVI AGED ABOUT 26 YEARS, WIDOW OF LATE DINESH
KUMAR RAM, RESIDENT OF MOHALLA- AMBEDKARNAGAR,
WARD NO.3 (OLD) IN THE TOWN OF SAMASTIPUR.
... PETITIONER.
Versus
1. STATE OF BIHAR.
2. DISTRICT MAGISTRATE, SAMASTIPUR.
3. SUB-DIVISIONAL OFFICER, SAMASTIPUR
4. DISTRICT SUPPLY INSPECTOR, TOWN SAMASTIPUR.
.. RESPONDENTS.
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4. 09.12.2010. Heard learned counsel for the petitioner and
the counsel for the State.
2. Petitioner is the widow of late Dinesh
Kumar Ram who served as a PDS dealer and while
the PDS license of her husband was subsisting he left
for heavenly abode. Petitioner thereafter applied for
grant of PDS license in her name on compassionate
ground in the light of the instructions of the State
Government contained in different circular(s) which
inter alia provides for continuation of the PDS license
in favour of the family members of the deceased PDS
dealer. It appears appreciating the contents of such
circular the Supply Inspector recommended for grant
of PDS license in favour of the petitioner vide
recommendation dated 14.2.2007, Annexure-2,
perusal thereof however indicates that thereunder the
Supply Inspector also stated that the PDS license of
the husband of the petitioner may be continued in
2
favour of the petitioner provided her husband served
as a PDS dealer for eight years. It is submitted on
behalf of the petitioner that there is no such
requirement in the circular dated 15.2.2007 or in the
earlier circulars.
3. Having heard counsel for the parties, I
direct the Sub-divisional Officer, Samastipur who is
the licensing authority to consider the case of the
petitioner for grant of PDS license in lieu of the
license of her husband in the light of the contents of
the circular dated 15.2.2007 or any other relevant
circular issued thereafter, as early as possible, in any
case within two months from the date of
receipt/production of a copy of this order.
4. The writ application is, accordingly,
disposed of.
Ibrar/- (V.N. Sinha, J.)