Patna High Court
Sanjeet Kumar BatarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- A ABHISHEK REDDY
Holding
Compassionate appointment is only available if the original licence was subsisting at the time of death; since the licence had been cancelled, the petition lacks merit and is dismissed.
Summary
The petitioner, Sanjeet Kumar Batar, sought to quash the cancellation of his father's Fair Price Shop licence (No. 06/07) dated 06‑05‑2016 and to obtain a new licence on compassionate grounds after his father's death on 05‑02‑2018. He filed a writ petition claiming the cancellation was illegal and that the authorities failed to consider his show‑cause reply. The respondents argued that the licence had already been cancelled before the father's death and that, under Rule 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016, compassionate appointment is permissible only if the original licence was subsisting at the time of death and the application is made within two years. The Court examined the provisions of Rule 10 and found that the licence was not in force at the time of death, and no challenge to the 2016 cancellation had been made. Consequently, the Court held that the petition had no merit and dismissed it, while leaving open the remedy of challenging the 2016 cancellation through appropriate legal channels.
Issues considered
- Whether a compassionate appointment under Rule 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016 is available when the original PDS licence had been cancelled prior to the licence holder's death.
- Whether the writ petition challenging the 2016 cancellation order is maintainable.
- Whether the authorities erred in rejecting the petitioner's application for a new licence on compassionate grounds.
Subjects
- Public Distribution System
- Compassionate appointment
- Licence cancellation
- Writ petition
- Administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9911 of 2023
======================================================
Sanjeet Kumar Batar, S/o Late Budhan Lal Batar, R/o Village/Mohalla-
Chainpur, P.O.-Kuttigola, P.S.-Angarh Hat, District-Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Food and Civil Supply
Government of Bihar, Patna.
2. The Principal Secretary, Food and Civil Supply Bihar, Patna.
3. The District Magistrate, Purnea.
4. The District Supply Officer, Baisa, Purnea.
5. The Sub-Divisional Officer, Baisi, Purnea.
6. The Block Supply Officer, Baisa, District-Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan, Adv.
For the Respondent/s : Mr.S. Raza Ahmad ( AAG 5 )
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
17 09-02-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed for the
following relief(s):-
“(i) For quashing the order dated 06.05.2016 as
contained in memo no. 2295 dated 06.05.2016
issued and passed by the Sub divisional Officer
Baisi, whereby and where under the learned Sub
divisional Officer Baisi, has cancelled the Fair
Price shop of the father of the petitioner under
Public Distribution system bearing License no.
06/07, without considering the show-cause reply
of the petitioner, only on the basis of
recommendation made by the Block supply
officer-cum-Circle Officer, Baisa.
(ii) Further for directing and commanding the
respondents to restore the PDS license and
Patna High Court CWJC No.9911 of 2023(17) dt.09-02-2026
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supply to the Fair Price shop of the father of
under the petitioner Public Distribution system
bearing License no.06/07, after considering the
case of the petitioner for grant of PDS shop
license to the petitioner on compassionate
ground, (Substituting the name of the petitioner)
who is the son of Late Budhan Lal Batar
(original licensee), who unfortunately died on
05.02.2018, after quashing the letter no.13
dated 11.02.2020 issued by Block Supply Officer
Baisa.
iii) For any other appropriate relief/reliefs to
which the petitioner is found entitled in the facts
and circumstances of this case.”
3. Learned counsel appearing on behalf of the
petitioner submits that the father of the petitioner was a PDS
dealer and after the death of his father on 05.02.2018, the
petitioner has applied under the compassionate appointment.
Learned counsel submits that the application made by the
petitioner has been rejected on 11.02.2022 (Annexure P/4).
Learned counsel submits that the order passed by the authority
is illegal, bad, perverse and contrary to the provisions of the
Bihar Targeted Public Distribution System (Control) Order,
2016. Learned counsel therefore submits that the order
impugned in the present writ petition may be set aside and the
matter remanded back to the authority concerned for passing
orders afresh.
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4. Per contra, the learned counsel appearing on behalf
of the Respondent-State has vehemently opposed the very
maintainability of the writ petition. Learned counsel submits
that the PDS license of the father of the petitioner was cancelled
vide order dated 06.05.2016 (Annexure 5) and neither the
petitioner nor his father during his life time bothered to
challenge the same. Learned counsel submits that when the
original PDS license was not in existence as on the date of death
of the PDS license holder the question of appointing the
petitioner on compassionate ground does not arise. Learned
counsel submits that the present writ petition is devoid of merits
and the same may be dismissed.
5. In order to resolve the issues involved in the
present writ petition, it is necessary to extract Rule 10 of the
Bihar Targeted Public Distribution System (Control) Order,
2016, which reads as under:-
“10. A fair price shop license on
Compassionate Ground. - In case of death of a
fair price shop's licensee under the age of 58
(fifty eight) years, his shop may be allotted in
order of priority to his/her wife/husband, son,
unmarried daughter, daughter-in-law, and
widow of his son. If there are out of these more
than one dependent, all the other are required
to forsake their claim in favour of one through
an affidavit. The application in this regard shall
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be entertained, if submitted within two years
from the date of death of the licensee by his
dependent. If granted, such a fair price shop
license shall be a new license, and it shall be
permissible for further compassionate ground
license, but if any member of the family of the
deceased licensee is a government servant or
holds a post of profit in the government, such a
family shall not get benefit of compassionate
ground.”
6. A perusal of Rule 10 of the Control Order, 2016
reveals that in case a PDS dealer dies before the age of 58 years
then the shop can be allotted in order of priority either to his
wife, son, unmarried daughter, daughter-in-law or widow of his
son. Further the said application has to be made within two
years from the date of death of the PDS licensee by his
dependent/s.
7. Admittedly in the present case as on the date of
death of the father of the petitioner there was no valid license
existing, therefore, the stand taken by the respondent-authority
rejecting the application made by the petitioner cannot be
faulted with. Compassionate appointment can be made in favour
of the dependent/s enumerated in Rule 10 of the Control Order,
2016 only in case the license is valid and subsisting but not
otherwise. Neither the petitioner nor his father during his
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lifetime have challenged the order of cancellation dated
06.05.2016 (Annerxure 5).
8. Having regard to the same, this Court does not find
any merit in the present writ petition and the same is
accordingly dismissed. However, it is left open to the petitioner
to avail the remedies as available to him under the law for
challenging the order of cancellation dated 06.05.2016 passed
against his father if he is so advised.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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