Patna High Court
Md. Jamil Akhtar (Male),versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the authorities must act on the petitioner's compassionate‑ground application and issued a mandamus directing the SDO to forward the proposal and the Collector to decide within the stipulated time.
Summary
The petitioner, Md. Jamil Akhtar, applied for a Public Distribution System (PDS) licence on compassionate grounds after his mother, the previous licence holder, died in June 2018. He filed a writ petition alleging that the concerned authorities had not acted on his application filed on 19‑08‑2019 despite his eligibility under Clause 2.5 of the Public Distribution Control Order, 2016. The respondents contended that the application was under consideration and that necessary formalities were being completed. The High Court examined whether the delay amounted to a failure to perform a statutory duty and whether a writ of mandamus could compel the authorities to act. The Court ordered the Sub‑Divisional Officer to forward a proposal for allotting the licence to the Collector‑cum‑District Magistrate within four weeks and directed the Collector to pass the final order within six weeks, thereby disposing of the petition.
Issues considered
- Whether the authorities are obligated to consider and decide the petitioner's application for a PDS licence on compassionate grounds under Clause 2.5 of the Public Distribution Control Order, 2016.
- Whether a writ of mandamus can be issued directing the Sub‑Divisional Officer to forward the proposal for licence allotment.
- Whether the delay in processing the application violates the petitioner's statutory rights.
Subjects
- Public Distribution System
- PDS licence
- Compassionate appointment
- Writ of mandamus
- Administrative law
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12638 of 2025
======================================================
Md. Jamil Akhtar (Male), Son of Late Shamsul Hoda Ansari, resident of
Village Arna, P.O Sobhepur, P.S Bheldi, District Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Public Distribution, Govt. of Bihar, Patna.
2. The Special Secretary, Department of Food and Public Distribution, Govt. of
Bihar, Patna.
3. The Collector-cum-District Magistrate, Saran at Chapra.
4. The District Supply Officer, Saran, at Chapra.
5. The Sub. Divisional Officer, Sadar Chapra, District Saran.
6. Block Supply Officer, Parsa, District Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate.
For the Respondent/s : Mr. Additional Advocate General (12) with
Mr. Ebadur Rahman Shakeb, AC to AAG 12.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 12-02-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“….for issuance of the writ/writs,
order/orders or direction/directions in the
nature of the writ of Mandamus,
commanding and directing the respondent
authorities specially the SDO, Saran Sadar,
Saran (Respondent No. 5) to issue the PDS
License to the petitioner on compassionate
ground taking into consideration that the
petitioner fulfills the criteria under Clause
2.5 of the Public Distribution Control order,
2016 as his mother Aashiya Khatoon, who
Patna High Court CWJC No.12638 of 2025(3) dt.12-02-2026
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was holding the PDS license No. 84/2016-
2018 which was successfully run by
petitioner's mother since 2010 till her death
i.e. 14.06.2018.
Further, the respondents were
directed to consider the claim of the
petitioner to be selected as PDS License
holder in place of his deceased mother
Aashiya Khatoon on compassionate ground,
as the petitioner has applied within time for
the same in prescribed format on
19.08.2018, but no decision has been taken
by the concern authority.”
3. Learned counsel appearing on behalf of the
petitioner submits that the mother of the petitioner was a PDS
licensee and she has expired on 14.06.2018, thereafter, the
petitioner has made an application seeking appointment of
compassionate ground on 19.08.2019. However, the authorities
till date have not considered the said application made by the
petitioner nor passed any orders. Learned counsel submits that
the petitioner is having the necessary qualifications. Learned
counsel submits that left with no other option the petitioner had
to approach this Hon’ble Court by way of the present writ
petition. Learned counsel submits that the present writ petition
may be disposed of directing the respondent-authorities to
consider the application made by the petitioner by fixing a time
frame.
4. In the counter-affidavit filed by the respondent-
authorities, the fact that the petitioner has made his application
Patna High Court CWJC No.12638 of 2025(3) dt.12-02-2026
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under compassionate appointment after the death of his mother,
who was the PDS dealer has not been denied. The counter-
affidavit specifically states that the application of the petitioner
is under consideration and the necessary action taken for
completing the formalities and decide the claim of the petitioner.
5. Having regard to the same, the present writ petition
is disposed of directing the Respondent-SDO Saran Sadar, Saran
(Respondent No. 5) to take necessary steps for submitting the
proposal for allotment of the PDS licence in the name of the
petitioner on compassionate grounds to the District Magistrate,
Saran at Chapra i.e. Respondent No. 3 herein who is also the
Chairman of the District Level Selection Committee (DLSC) as
expeditiously as possible preferably within a period of 4 weeks
from the date of the receipt of the copy of this order, if not
already sent, if any such proposal is received by the Collector-
cum-District Magistrate-cum-Chairman of the DLSC
(Respondent No. 3), the Collector shall pass necessary orders on
the said proposal as expeditiously as possible preferably within
a period of 6 weeks thereof and issue necessary orders. In case,
the claim of the petitioner is accepted, the authority shall
endeavour to issue the necessary license immediately. Any
decision taken shall be communicated to the party.
Patna High Court CWJC No.12638 of 2025(3) dt.12-02-2026
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6. With the above directions, the present Writ Petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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