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2014 DIGILAW 266 (PAT)

Urmila Devi v. State of Bihar

2014-02-19

RAVI RANJAN

body2014
ORDER I have heard learned counsel for the petitioner and the State. 2. Petitioner seeks direction to the respondents to issue license for running a fair price shop under Public Distribution System in the name of the petitioner. It is submitted that she is a member of Schedule Caste fulfills all the required criteria. 3. However, it appears that on earlier occasion also her name was recommended but the license was not granted. The petitioner, being aggrieved by the aforesaid action of the licensing authority, approached this Court by filing C.W.J.C. No. 1849 of 2010 which was disposed of on 5.4.2011 holding that recommendation does not tantamount to appointment and, thus, no mandamus shall lie for the enforcement of the recommendation. However, if the respondents invite fresh applications for grant of dealership and the petitioner applies in response to the same then that should be considered in accordance with law without considering the fact that this Court had declined him relief in the concerned writ application. 4. There is no averment in the writ application that fresh applications were invited by the licensing authority for grant of license. However, the petitioner has appended Annexure 6 which is application filed by her for grant of license. 5. Though this case was filed on 17.10.2011 itself but no counter affidavit has been filed till date. 6. In above view of the matter, this writ application stands disposed of, without going into the merit of the case, with direction to the concerned competent authority to consider the application of the petitioner and take a decision on its own merit and in accordance with law and communicate it to the petitioner.