Patna High Court

Avinash KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court held that the Sub Divisional Officer must process and pass the appointment order within eight weeks, considering the Block Supply Officer’s recommendation.

Summary

Avinash Kumar, son of a deceased PDS shop owner, applied for appointment as a PDS dealer on compassionate grounds but the Sub Divisional Officer had not issued an order despite a recommendation from the Block Supply Officer. The petitioner filed a writ petition seeking a direction to the authority to pass the appointment order. The State counsel agreed that the authority should process the application in accordance with law. The High Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties and directed the Sub Divisional Officer to decide the application within eight weeks, taking into account the Block Supply Officer’s report, and to communicate the decision to the petitioner. The petition was thereby disposed of to the extent indicated.

Issues considered

Whether the Sub Divisional Officer is required to pass the appointment order for the petitioner as a PDS dealer on compassionate grounds.
Whether the court can direct the authority to process the application within a specified time frame.

Subjects

PDS
compassionate appointment
public distribution system
writ petition
administrative law
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17926 of 2025
                 ======================================================
                 Avinash Kumar Son of- Late Lakhan Singh, Resident of Village Khemchand
                 Bighaa, P.S- Goshi, District-Jehanabad.

                                                                               ... ... Petitioner/s

                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Government of Bihar, Patna.
           2.    The Sub Divisional Officer, Jehanabad.
           3.    The Block Supply Officer, Modanganj, Jehanabad.

                                                                             ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. N.K. Agrawal, Sr. Adv.
                                               Mr. Kumar Rajdeep, Adv.
                 For the Respondent/s   :      Mr. Government Pleader (17)
                 For the State          :      Mr. Amit Bhushan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   27-01-2026                    Without going into the merits or demerits of the case,

                   the present writ petition is disposed of at the stage of

                   ‘Admission’ with the consent of both the counsels.

                                 2. Learned counsel appearing on behalf of the

                   petitioner submits that the father of the petitioner was running a

                   PDS shop vide PDS License No 34 of 2016. That the father of

                   the petitioner died on 15.05.2022 and thereafter the petitioner

                   who is the son of the original PDS owner has applied to the

                   authority for appointing him as PDS dealer within the stipulated

                   time but till date the authority has not taken any steps to issue to
Patna High Court CWJC No.17926 of 2025(2) dt.27-01-2026
                                           2/3




          appointment order. Learned counsel submits that the Block

          Supply Officer has also submitted his report recommending the

          petitioner to be appointed as a PDS dealer but till date the

          authority i.e. the Sub Divisional Officer, Jehanabad (Respondent

          No. 2) has not passed any order. Learned counsel prays this

          Hon’ble Court to allow the present writ petition and direct the

          Respondent No. 2 herein to pass necessary orders on the

          application made by the petitioner for appointing him as a PDS

          dealer on compassionate grounds.

                      3. Learned counsel appearing on behalf of the

          respondent State submits that the Respondent No. 2 may be

          directed to process the application made by the petitioner and

          pass necessary orders strictly in accordance with law.

                      4. Having regard to the above, the present writ

          petition is disposed of directing the Respondent No. 2 to take

          necessary steps for disposal of the application made by the

          petitioner for appointing him as a PDS dealer under

          compassionate appointment duly taking into account the report

          of the Block Supply Officer (Annexure- P/4) as expeditiously as

          possible preferably within a period of eight weeks from the date

          of receipt of the copy of this order. The authority shall

          communicate the decision taken to the petitioner.
             Patna High Court CWJC No.17926 of 2025(2) dt.27-01-2026
                                                        3/3




                                   5. With the above directions, the present writ petition

                       stands disposed of to the extent indicated.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U

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