Patna High Court
Prayag PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the District Magistrate‑cum‑Collector to consider the petitioner’s PDS licence application on its merits within eight weeks, after providing notice and a hearing.
Summary
Petitioner Prayag Paswan filed a writ petition seeking a license to operate a fair‑price shop under the Public Distribution System (PDS) on compassionate grounds after the death of his father, who previously held such a license. He alleged that his application dated 20‑05‑2024 was pending before the District Magistrate‑cum‑Collector of Rohtas (Respondent No. 4). The petition also invoked the Bihar Targeted Public Distribution System (Control) Order, 2016, requesting the authorities to act in accordance with its provisions. The Patna High Court, without delving into the merits, disposed of the petition by directing Respondent No. 4 to consider the application on its own merits within eight weeks, after giving the petitioner notice and an opportunity of hearing. The court further ordered that any decision be communicated to the petitioner. Consequently, the writ petition was closed with these procedural directions.
Issues considered
- What procedural steps must a district authority follow when considering a compassionate‑ground application for a PDS dealer licence?
- Can a High Court, in a writ petition, direct an administrative authority to process an application within a specified time frame?
Subjects
- PDS licence
- fair price shop
- compassionate ground
- writ petition
- administrative law
- Bihar Targeted Public Distribution System
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6062 of 2026
======================================================
Prayag Paswan S/o- Late Ramdhari Ram @ Late Ramdhari Dushad, R/o -
Village- Nayakpur, P.S.- Chenari, Dist.- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Food and Consumer Protection Department, Govt.
of Bihar, Patna.
3. The Chairman, the District Level Selection Committee (Supply), Rohtas at
Sasaram.
4. The District Magistrate-cum-Collector, Rohtas at Sasaram.
5. The Sub-Divisional Officer, Sasaram, Dist.-Rohtas.
6. The District Supply Officer, Dist.-Rohtas at Sasaram.
7. The Block Development Officer, Chenari, Dist.-Rohtas.
8. The Block Supply Officer, Chenari Block, PS-Chenari,Dist.-Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath
For the Respondent/s : Mr.Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 27-04-2026 Heard learned counsel for the parties.
2 The present writ petition has been filed seeking the
following reliefs:
“i Commanding the respondent
authorities particularly Respondents No 3 and
5 to consider and issue the license for a fair
price shop upon compassionate ground in
pursuance to the application dated 20.05.2024
as appended vide Annexure-P3 of the petition
within a stipulated period and time.
ii Further commanding the
respondent authorities to follow with the very
provisions of Bihar Targeted Public
Distribution System (Control) Order, 2016.
iii Grant of any other
incidental/consequential relief/reliefs, for
which the petitioner can be found entitled for.”
3 Without going into the merits or demerits of the
case, the present writ petition is being disposed of at the stage of
Patna High Court CWJC No.6062 of 2026(2) dt.27-04-2026
2/2
admission itself with the consent of both the counsel.
4 Learned counsel for the petitioner submits that the
petitioner has filed his application (Annexure-P3) seeking
appointment on PDS Dealer on compassionate ground. That the
father of the petitioner was having PDS license and his father
died on 19.03.2024. That application for grant of PDS license is
pending before respondent No 4 herein.
5 Having regard to the above, the present writ petition
is disposed of directing respondent No 4 to consider the
application filed by the petitioner on its own merit as
expeditiously as possible preferably within a period of 8 weeks
from the date of receipt of a copy of this order.
6 It is needless to mention that before passing any
order, the petitioner shall be put on notice and given an
opportunity of hearing.
7 Any decision taken by respondent No 4 shall be
communicated to the petitioner.
8 With the aforesaid direction, the writ petition is
disposed of.
(A. Abhishek Reddy , J)
M.E.H./-
U
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