Patna High Court

Vijay Kumar Jha @ Vijay KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court ordered the concerned authority to process the compassionate applications for a PDS licence expeditiously, within eight weeks of receipt of the order.

Summary

The petitioner, Vijay Kumar Jha, applied for a compassionate appointment of a PDS licence after his father's death in 2021, filing representations on 30‑04‑2022 and 31‑05‑2025. The authorities failed to process the applications. Both parties consented to a limited intervention by the court. The High Court, without examining the merits, directed the Sub‑Divisional Officer (Respondent No.3) to consider the applications and issue a decision within eight weeks, communicating any clarification to the petitioner. The order also required the authority to give the petitioner an opportunity to produce any requested documents. The writ petition was thereafter disposed.

Issues considered

Whether the Respondent No.3 is obligated to process the petitioner's compassionate applications for a PDS licence within a reasonable time frame.
Whether the writ petition can be disposed at the admission stage without adjudicating the substantive merits.

Subjects

PDS licence
compassionate appointment
writ jurisdiction
administrative law
deadline
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4400 of 2026
                 ======================================================
                 Vijay Kumar Jha @ Vijay Kumar S/O Late Mahendra Jha, resident of Village
                 Bhakhrain, Police Station- Madhepur, Madhubani in the District of
                 Madhubani.

                                                                       ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary, Food and Civil Supply
                 Department, Govt. of Bihar, Patna.
           2.    The District Magistrate, District - Madhubani.
           3.    The Sub Divisional Officer, Jhanjharpur, Madhubani.
           4.    The District Supply Officer, District - Madhubani.
           5.    Block Supply Officer, Block- Jhanjharpur, Dist. - Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Suresh Mishra, Advocate.
                 For the Respondent/s   :      Mr. Standing Counsel (5) with
                                               Mr. Kumar Pankaj, AC to SC 5.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   16-04-2026                     Learned counsel appearing on behalf of the

                   petitioner submits that the father of the petitioner was a

                   PDS licensee and he died on 27.12.2021. Thereafter, the

                   petitioner has made applications/representations under the

                   compassionate ground on 30.04.2022 (Annexure P/3) and

                   on 31.05.2025 (Annexure P/9) within the stipulated time,

                   however, the authorities till date have not processed the

                   application made by the petitioner and issued the PDS

                   license in his favour. Learned counsel, therefore, seeks a
Patna High Court CWJC No.4400 of 2026(2) dt.16-04-2026
                                            2/3




          direction from this Hon’ble Court to direct the Respondent

          No.3 herein to dispose of the said application/representation

          made by the petitioner by fixing a time frame.

                      2. Learned counsel appearing on behalf of the

          Respondent-State submits that he has no objection if a

          direction is given to the respondent-authority to process the

          application made by the petitioner and pass orders strictly in

          accordance with law.

                      3. 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. Having

          regard to the above made submission, the present writ

          petition is disposed of directing the Respondent No. 3

          herein      to     consider       the     above   said   applications/

          representations made by the petitioner for compassionate

          appointment as expeditiously as possible preferably within

          a period of 8 weeks from the date of the receipt of the copy

          of this order. Any decision taken by the authority shall be

          communicated to the party. In case the authority needs any

          clarification/documents, he shall put the petitioner on notice

          and give him an opportunity of producing the same.
           Patna High Court CWJC No.4400 of 2026(2) dt.16-04-2026
                                                       3/3




                                 4. With the above directions, the present writ

                     petition stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U

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