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Patna High Court

Rupa Kumari @ Rupa JayasavalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed because the petitioner, being a son‑in‑law, is not an eligible family member under the compassionate‑ground provisions of the Bihar Targeted PDS (Control) Order, 2016.

Summary

The petitioner, Rupa Kumari, filed a writ petition seeking the transfer of a Public Distribution System (PDS) license held by her deceased father‑in‑law to herself on compassionate grounds, arguing that the son of the deceased was unqualified to run the shop. The respondents, representing the State of Bihar, relied on Section 11 of the Bihar Targeted Public Distribution System (Control) Order, 2016, which enumerates specific family members eligible for such compassionate transfer. The petitioner's claim was that as a daughter‑in‑law she qualified, but the order expressly limits eligibility to listed relatives such as father, mother, brother, son, etc. The Court held that a son‑in‑law is not among the enumerated relatives and therefore the petitioner is disqualified. Consequently, the Court dismissed the petition, refusing the requested transfer of the PDS license.

Issues considered

  • Whether a son‑in‑law falls within the definition of eligible family members for compassionate transfer of a PDS license under Section 11 of the Bihar Targeted Public Distribution System (Control) Order, 2016.
  • Whether the petitioner is entitled to the relief sought despite the disqualification provisions in the same order.

Legislation cited

Subjects

  • PDS license
  • compassionate grounds
  • family eligibility
  • public distribution system
  • Bihar law
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.15842 of 2025
                 ======================================================
                 Rupa Kumari @ Rupa Jayasaval, Wife of Braj Kishor Chaudhari, Resident of
                 Mohalla-Bichbazar, P.S.-Mohiuddin Nagar, District-Samastipur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Food and
                 Civil Supplies, Patna.
           2.    The Director of Food and Civil Supplies, Bihar, Patna.
           3.    The District Magistrate-cum-Chairman, District Selection Committee,
                 Samastipur.
           4.    The District Supply Officer, District-Samastipur.
           5.    The Sub-Divisional Officer-Cum-Licensing Authority, Patori, Samastipur.
           6.    The Block Supply Officer, Block Mohiuddin Nagar, District-Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Amit Kumar, Adv.
                 For the Respondent/s   :       Mr.Additional Advocate General (12)
                                                Mr. Majit Mahboob Khan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   13-01-2026                   Heard the parties.

                                 2. The present writ petition is filed for the following

                   relief(s):-

                                            “(i) For issuance of appropriate writ/
                                            writs/ direction / directions/order/orders,
                                            for directing the respondent authority to
                                            'transfer' PDS License of deceased father-
                                            in-law of petitioner (Late Ram Swarth
                                            Chaudhary) bearing PDS License No.-
                                            26/2007 to the petitioner and to appoint the
                                            petitioner on compassionate ground, which
                                            PDS Shop is situated at/in Gram
                                            Panchayat-Mohiuddin Nagar, South, Block
                                            Mohiuddin Nagar, District-Samastipur.
Patna High Court CWJC No.15842 of 2025(2) dt.13-01-2026
                                           2/3




                                    (ii) for directing the respondent authority
                                    to grant PDS License to the petitioner on
                                    compassionate grounds as per the rules, as
                                    the son of the deceased is not educated
                                    enough to run PDS.
                                    (iii) Any other relief or reliefs for which the
                                    petitioner is found entitled to.”


                      3. As per the provisions of Section 11 of the Bihar

          Targeted Public Distribution System (Control) Order, 2016

          reads as under:-


                             11. Disqualifications of getting a fair price shop
                             license.

                             i) No fair price shop license shall be granted to
                             (
                             more than one member in a joint family. Father,
                             mother, brother, brother's wife, husband, wife,
                             son, son's wife and step brother shall come in the
                             definition of the family.

                             (ii) A mukhia, a sarpanch, a panch, a ward
                             member, a member of a panchayat samiti, a
                             member of a district board, an MLA, a Member
                             of Legislative Council, a member of Parliament,
                             and an elected member of municipal bodies shall
                             not be eligible for allotment of a fair price shop
                             during his tenure as such capacity.

                             (iii) An owner of a flour mill and his near
                             relatives shall not be allotted a fair price shop.

                             (iv) A minor or a lunatic or an insolvent shall not
                             be allotted a fair price shop.

                             (v) A person finally convicted by the court under
                             the Essential Commodities Act,1955 or in any
                             other criminal case shall not be allotted a fair
                             price shop.
             Patna High Court CWJC No.15842 of 2025(2) dt.13-01-2026
                                                        3/3




                                          (vi) A person holding a post of profit in the
                                          Government shall not be allotted a fair price
                                          shop.


                                    4. The relevant provision of the act more specifically

                       Rule 11(i) of the control order makes it very clear that only the

                       family members enumerated therein are eligible to be appointed

                       as PDS dealer under compassionate ground. The petitioner

                       herein claims to be the son-in-law of the deceased PDS dealer,

                       therefore his case cannot be considered under the said rule.

                                    5. Having regard to the same, the relief claimed in

                       the present writ petition can not be granted and the same is

                       accordingly dismissed.



                                                                (A. Abhishek Reddy , J)
Bhardwaj/-

U


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