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2024 Supreme(Pat) 1239

A. ABHISHEK REDDY
Shiv Kumar Mochi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhash.
For the Respondents: M/s Standing Counsel-(19), Birendra Prasad Singh, AC to SC-19.

ORDER

Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs: –

“(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Certiorari for quashing the order dated 13.02.2024 passed in BTPDS Control Appeal No. 27 of 2024 passed by Divisional Commissioner, Patna against the order of D.M., Patna whereby and whereunder he has rejected the appeal stating the order of District Level Selection Committee (Compassionate) he added by D.M. Patna requires no modification/Interference.

(ii) To quash the order vide memo no. 91 dated 24.11.2023 passed by District Level Selection Committee (Compassionate) headed by D.M., Patna whereby and whereunder the claim of the petitioner for issuance of fair price shop license on the basis of compassionate ground has been rejected.

(iii) To direct the respondent to issue fair price shop license on compassionate ground to the petitioner taking into consideration that the petitioner fulfills the criteria under clause 2.5 of the public Distribution system (control) order 2001.”

3. It is the case of the petitioner that the father of the petitioner was appointed as PDS dealer in

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