IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6048 of 2006
Shyam Sunder Ram S/O Sri Ram Chandra Ram, resident of village
Post Baikunthpur, P.S.Raja Pakar, District Vaishali at Hajipur
... .... Petitioner
Versus
1. The State Of Bihar through its Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna-1
2. The Food Commissioner and Secretary Food, Supply &
Commerce, Department, Govt. of Bihar, Old Secretariat at Patna
3. The Collector, Vaishali, District- Vaishali at Hajipur
4. The Sub-Divisional Officer, Mahua, District- Vaishali, at Hajipur
5. The Block Development Officer, Rajapakar Block, District
Vaishali
6. The Block Supply Officer, Rajapakar Block, District Vaishali at
Hajipur ... .... Respondents
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For the Petitioner :Mr. Aditya Narayan, Advocate
For the State :Mr. Binit Kumar, A.C. to G.A.-9
03/ 30.03.2011 Heard learned counsel for the petitioner
and the State.
2. By filing this writ petition, petitioner
desires that his case be considered for appointment
as PDS Dealer. For such purpose, petitioner filed
application dated 13.10.2004, Annexure-1.
3. It is submitted on behalf of the
petitioner that till date application dated 13.10.2004,
Annexure-1 for appointment as PDS Dealer has not
been considered by the authorities.
4. Counsel for the State, with reference to
2
the averments made in the counter affidavit duly
affirmed by the Acting Marketing Officer dated
28.6.2006, states that case of the petitioner for
appointment as PDS Dealer was considered but as
he was minor on the relevant date, he was not
granted PDS licence. In addition it is submitted that
father of the petitioner is also a Thela Vender and
two persons in a family cannot be allowed to
become agent of the Government for the purpose of
distribution of commodity.
5. In rejoinder, counsel for the petitioner
submitted that area of operation of the father of the
petitioner is different from the area for which
request has been made by the petitioner for grant of
PDS licence.
6. Aforesaid submissions have been noted
so as to enable the authorities to consider the same
while considering the request of the petitioner
contained in the application dated 13.10.2004,
Annexure-1 and thereafter to pass a reasoned order
either granting/ refusing PDS licence to the
petitioner. Appropriate orders in this regard be
3
passed by the Licensing Authority in accordance
with law, as early as possible, in any case within
two months from the date of receipt/ production of a
copy of this order.
7. The writ petition is, accordingly,
disposed of.
Arjun/ ( V. N. Sinha, J.)