Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15760 of 2010 ====================================================== Sanjeet Kumar S/O Late Shiv Nath Prasad R/O Mohalla Daldali Bazar, Ward No. 28, P.S.- Chhapra Town, Distt.- Saran .... .... Petitioner Versus 1. The State Of Bihar Through Principal Secretary Department Of Food, Civil Supply And Cosumer Protection, Govt. Of Bihar, Patna 2. The Director Food, Civil Supply And Consumer Protection Deptt., Govt. Of Bihar, Patna 3. The District Magistrate, Saran At Chapra 4. The Sub-Divisional Officer (SDM), Sadar, Chhapra 5. The District Supply Officer, Saran At Chapra 6. The Supply Inspector, Town Range, Chhapra .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Jay Prakash Sharma, Advocate Mr. Baid Prakash Sharma, Advocate For the State : Mr. S.D. Sanjay, AAG-12 Mr. R.R. Tiwari, A.C. to AAG-12 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 4 04-02-2013 Heard learned counsel for the petitioner and the learned Additional Advocate General No.12. Through this writ application, the petitioner seeks quashing of the order dated 8.2.2010 issued vide Memo No.197, as contained in Annexure-5 by which his application for grant of licence for running a shop under Public Distribution System on compassionate ground has been rejected. Petitioner has filed an application for grant of licence on 22.9.2004 as contained in Annexure-1. 2
Legal Reasoning
Patna High Court CWJC No.15760 of 2010 (4) dt.04-02-2013 2 / 5 It is submitted on behalf of the petitioner that an application was made on his behalf by her mother on 19.12.2004 after the death of the father of the petitioner on 20.3.2004 for grant of licence on compassionate ground, a copy of which has been appended as Annexure-2. It is submitted that matter remained pending as no action was taken. Thereafter, it appears that the mother of the petitioner again filed an application for grant of licence in favour of the petitioner on 17.4.2007, a copy of which has been appended as Annexure-A to the counter affidavit filed on behalf of the State. Thereafter, it again appears that a fresh application was filed by the petitioner on 27.7.2007 for grant of licence. In the aforesaid applications, neither the petitioner nor has her mother stated anywhere that an application to that effect was earlier filed in the year 2004. However, it appears that this matter was placed before the authority concerned and vide Annexure-4 dated 28.5.2009, the petitioner was directed to produce a receipt, if any, showing filing of any application for grant of licence in the year 2004 which could not be produced by him resulting in the rejection of his claim vide Annexure-5 dated 8.2.2010 on the ground that the application has not been made within two years from the date of the death of the concerned original licence holder.
Legal Reasoning
Learned counsel for the petitioner has submitted that 3 Patna High Court CWJC No.15760 of 2010 (4) dt.04-02-2013 3 / 5 since the father of the petitioner had died in the month of March, 2004, i.e., earlier than the date of enforcement of the Public Distribution System (Control) Order,2001, his case cannot be guided and considered under the provisions of the new Statute rather his case should have been disposed of on the basis of the earlier provision of law. Mr. S.D. Sanjay, learned Additional Advocate General No.12 has submitted that prior for enforcement of new statutory provision in the month of February,2007, the Bihar State Trade Articles (Licence Unification) Order, 1984 (hereinafter referred to as the Unification Order) was the statute under which licences for retail dealership were being granted to the licensee and agreements were being entered into for running a P.D.S. shop. It is next contended that in the earlier statute, there was no provision for grant of licence on compassionate ground, however, on the basis of the executive instructions contained in letter no.5458/Aa, Wa, Patna-15 dated 20th November,1991 as well as the letter no.4799 dated 10.12.1996 and 5489 dated 14th October,1998, the licences were being granted on compassionate ground if the original licensee was running a shop for the last eight years before his death. It is submitted that the petitioner could not produce any chit of paper before the authorities to show that he or 4 Patna High Court CWJC No.15760 of 2010 (4) dt.04-02-2013 4 / 5 her mother had filed any application for grant of licence on compassionate ground immediately after death of his father which would be apparent from the letter written by the authorities addressed to the petitioner for submitting any proof for filing of such application. When nothing could be produced by the petitioner, then the concerned authority did not have any option than to reject his claim on account of the fact that, as per the new provision, such application could have been made only within two years of the death of the original licensee. Learned counsel has drawn attention of this Court towards Clause No.17 of the new Statute which is repealing clause to impress upon this Court that all the provisions, directions etc. relating to grant of licence would be treated to be annulled from the date of notification of the new Statute. Thus, the moment this law was enforced vide Notification GSR No.1 dated 20.2.2007, the Unification Order would not be of any help to the petitioner. That apart it is also contended that the petitioner did not make any effort for grant of licence for about three years from the date of death of his father which goes to show that there was no requirement for consideration of his case on compassionate ground. I find force in the submission raise on behalf of the 5 Patna High Court CWJC No.15760 of 2010 (4) dt.04-02-2013 5 / 5 State. Since it has been categorically stated that the petitioner had not filed any application earlier for grant of licence on compassionate ground and Annexures 1 and 2 are denied by the State, this Court would not be in a position to accept this proposition made on behalf of the petitioner that application were earlier filed specially in view of the averment made in Annexure- A and A/1 appended with the counter affidavit which have been filed by the mother of the petitioner as well as the petitioner as the same nowhere discloses that any petition was filed on any earlier occasion for the said purpose. In fact a fresh application was filed for grant of licence on compassionate ground after lapse of the statutory period. Thus, in my considered opinion, the petitioner has not been able to make out any case warranting interference of this Court in the matter. As a result, this application is dismissed. N.H./- (Dr. Ravi Ranjan, J)