IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH and MADHURESH PRASAD, JJ.
CWJC No.8230 of 2021
(2.3.2022)
Nawal Kishore Ram ... Petitioner
vs.
State of Bihar & Ors. .... Respondents
Bihar Targeted Public Distribution System (Control) Order, 2016 – Constitution of India – Article 226 – Grant of license to run P.D.S. shop – Despite it being well within the knowledge of Counsel for petitioner, who have filed present writ application, that on same set of facts, a writ petition was already pending questioning same selection process by same party on same ground,they advised petitioner to file present writ application – Writ Application dismissed. (Paras 9, 10 and 12)
Chakradhari Sharan Singh, J.—In compliance of this Court’s order dated 16.02.2022, records of C.W.J.C. No. 24943 of 2018, filed by petitioner has been placed before us for perusal, which we have perused.
2. The facts, which are not in dispute in the case in hand, are that an advertisement was issued on 30.11.2017 under the signature of the District Magistrate, East Champaran, Motihari, inviting applications for grant of license to run P.D.S. shop under Bihar Targetted Public Distribution System (Control) Order, 2016, for different panchayats including Gram Panchayat Turkauliya Paschhimmi. The petitioner was an applicant. A selection list was prepared on 27.10.2018 by the concerned District Selection Committee presided over by the District Magistrate. As per the said selection list, respondent No. 10, who was respondent No. 8 in the aforesaid C.W.J.C. No. 24943 of 2018, was selected, his merit position the selection list being second. The petitioner was placed at the third position. Assailing the selection of respondent No.10 mainly on the ground that he was not an inhabitant of the said Gram Panchayat Turkauliya, the petitioner filed the aforesaid writ application before this Court, which gave rise to C.W.J.C. No. 24943 of 2018 and is pending.
3. During the pendency of the said C.W.J.C. No. 24943 of 2018, this writ application has been filed challenging the same selection process on the same ground that respondent No.10 is not a resident of Turkauliya Panchayat, which is a condition precedent for grant of license to run a P.D.S. shop in the said Gram Panchayat. It has been stated in this application that development subsequent to preparation of the merit list, i.e., finalization of the merit list on 28.11.2018 was not within the knowledge of the petitioner.
4. We may take a pause here to note that the said C.W.J.C. No. 24943 of 2018 was filed on 21.12.2018 after the selection list was finalized on 28.11.2018. This is also not in dispute that P.D.S. License No.87/2018 have been issued in favour of respondent No.10 in September 2019.
5. In the present writ application, the petitioner is seeking the following reliefs:—
(i) For setting aside the order contained in Memo No. 122 dated 28.11.2018, issued by District Magistrate-cum-Chairman, District Selection Committee, East Champaran, Motihari to the extent it relates to the Gram Panchayat Raj, Turkauliya Paschhimi, which fall within the jurisdiction of Block Turkauliya and within the jurisdiction of Sub Division Sadar Motihari.
(ii) For issuance of direction to the respondent authorities to produce a copy of the PDS license no. 87/2019, issued by the SDM, Sadar Motihari, in September 2019 in the name of Kundan Kumar, respondent no. 10, in the light of the Memo No. 122 dated 28.11.2018, issued by the District Magistrate cum Chairman District Selection Committee, East Champaran, Motihari and after production thereof same may be quashed.
(iii) The petitioner further prays that after setting aside the aforementioned impugned order as well as PDS license no. 87/19, the candidature of the petitioner be considered and the PDS license of Turkauliya Paschhimi Panchayat be issued in the name of the petitioner.
(iv) For any other relief for which the petitioner may be deemed entitled to.
6. In paragraph 39 of the writ petition, the following statement has been made:—
“39. That the petitioner in the aforementioned writ application bearing C.W.J.C. No. 24943 of 2018 challenging the minutes of the meeting dated 27.10.2018 but has not challenged the subsequent orders and further he has also not challenged the issuance of PDS license in the name of the private respondents and therefore, petitioner has been advised to withdraw the writ application and therefore, present writ application is being filed. The petitioner undertake to withdraw the writ application bearing C.W.J.C. No. 24943 of 2018, before hearing of this case.”
7. It is disturbing for this Court to note, on perusal of the records of C.W.J.C. No.
Parties must demonstrate clear aggrievement to maintain a writ petition against a selection decision, merely participating in the process does not confer actionable standing.
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