PATNA HIGH COURT ISSUES JUDGEMENT ON NAND LAL PASWAN V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:

1. The petitioner has filed the instant application for the following relief(s):

"For issuance of an appropriate writ/ direction/ order to the respondents for grant of P.D.S. dealer licence to the petitioner in the existing vacancy of P.D.S. dealership at Shahdullahpur Panchayat, Lalganj Block in Vaishali district."

2. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

3. The Learned counsel for the State submitted that the reliefs sought in the present writ petition have become infructuous, as more than fifteen years have elapsed since the order dated 04.11.2009 was passed in CWJC No. 1235 of 2006.

4. The Learned counsel for the respondents further submitted that the petitioner's representation dated 17.12.2012 for the grant of a PDS license was rejected by the Sub-Divisional Officer, Hajipur, vide Memo No. 9 dated 06.01.2014. As such, the present writ petition is not maintainable.

5. The record further reveals that Annexure-2 is an undated application filed by the petitioner. Subsequently, the petitioner has brought on record another application dated 11.07.2018 as Annexure-4, followed by yet another undated application brought on record as Annexure-5. It is pertinent to note that the order in CWJC No. 1235 of 2006 was passed, long back in the year 2009.

6. This Court is not inclined to grant any relief to the petitioner at this stage, as the petitioner has slept over his rights and failed to take timely steps to pursue the matter, including the filing of a proper application, which was done only in the year 2018. Additionally it is worth noting that from the year 2009 to till date, the rules and regulations governing the issuance and management of PDS licenses have undergone substantial changes. In such circumstances, entertaining the writ petition at this belated stage would serve no effective purpose and may also lead to administrative complications.

7. In view of the facts and circumstances of the case, this Court finds no merit in the present writ petition.

8. Accordingly, the writ petition is dismissed.

8. Interlocutory Application(s), if any, shall stand disposed of.

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