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2026 Supreme(Online)(Pat) 8702

PATNA HIGH COURT
Md Shakir Raza@ Md.Sakir Raza – Appellant
Versus
The State of Bihar – Respondent
LPA-424/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.424 of 2025 In Civil Writ Jurisdiction Case No.3817 of 2023 ======================================================

Md Shakir Raza@ Md.Sakir Raza Son of Md. Jamiluddin Resident of Village Jiyanganj, P.S. Kasba, District Purnea.

... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Patna.

2. The Principal Secretary, Food and Consumer Protection Department, Govt.

of Bihar, Patna.

3. The Divisional Commissioner, Purnea.

4. The District Magistrate, Purnea.

5. The Sub-Divisional Officer, Sadar, Purnea.

6. The District Supply Officer, Block - Kasba, Purnea.

7. The Block Supply Officer, Block - Kasba, Purnea.

8. Md. Rahmat Ali, Son of Abdus Samad Ansari, resident of Matkopa Jiyanganj, Gurhi, Distt. Purnea.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Rajesh Kumar Singh, Sr. Advocate Mr. Ram Prawesh Kumar, Advocate Mr. Avnish Kumar, Advocate Mr. Ashish Kumar, Advocate For the State : Mr. S.Raza Ahmad, A.A.G.-5 Mr. Alok Ranjan, A.C. to A.A.G.-5 For the Resp. No. 8 : Mr. Md. Imtiyaz Hussain, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 19-02-2026 This Letters Patent Appeal has been filed by Md.

Shakir Raza @ Md. Sakir Raza, challenging the order dated 24.03.2025 passed by the learned Single Judge in C.W.J.C. No. 3817 of 2023, whereby the writ petition filed by Md. Rahmat Ali, who is Respondent No. 8 in this appeal, was allowed and the authorities were directed to issue a license in his favour.

2. Before proceeding further, it would be relevant to take note of that in terms with the order dated 08.01.2026, a supplementary affidavit has been filed stating therein that in compliance with the order of the learned Single Judge, license has already been issued in favour of Respondent No. 8, Md. Rahmat Ali. The relevant paragraph nos. 4, 5, 6, 7 and 8, are extracted herein below:-

"4. That it is relevant to submits that Sub Divisional Officer Sadar Purnea issued a letter vide letter no. 980 dated 16.4.2025 in view of C.W.J.C. No. 3817 of 2023 passed by Hon'ble High Court Patna dated 27.3.2025 in favour of Respondent no. 8 S.D.O. Sadar Purnea has issued a license for public Distribution system as per the order of Hon'ble High Court.

5. That learned SDO Sadar Purnea respondent further issued a license No. 01/2025 and chalan No. 10910/2025 for 2.6.2025 in favour of Respondent no.8.

6. That thereafter the legal metrology officer namely Jay Kumar Pandey Inspector has given measures center machine Respondent no. 8.

7. That it is stated and submitted before this Hon'ble court that the licensing authority Sub Divisional Officer Sadar Purnea has fully complied the order of Hon'ble Single Judge passed by Hon'ble Mr. Justice A. Abhishekh Reddy in C.W.J.C. No. 3817/2023.

8. That therefore once order has been complied by the competent authority nothing remains in the LPA i.e. LPA no. 424/2025 become infructuous."

3. The Respondent No. 8, the writ petitioner approached this Court seeking the following relief(s):-

"(i) For issuance of appropriate writ(s)

thereby quashing and setting aside the impugned order dated 13.12.2022 as contained in Memo No. 02 dated 02.01.2023 passed by the respondent Divisional Commissioner, Purnea in Supply Revision No. 60/2022 (Md. Skahir Raza vs. the State of Bihar & ors.) whereby the said respondent while allowing the revision filed by the respondent no. 8 has reversed the order dated 15.03.2022 passed by the respondent no. 4 in Supply Appeal Case No. 188/2019 thereby directing the competent authority to select the respondent no. 8 as PDS dealer for Block- Kasba, Gram Panchayat Gurhi, Distt.-Purnea.

(ii) For consequently issuance of appropriate writ(s) thereby directing the respondents concerned to grant

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