STATE OF BIHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) The petitioner was an applicant for grant of license to run a fair price shop under Bihar Targeted Public Distribution System (Control) Order, 2016 for Hathua Panchayat in the district of Gopalganj. Her name figured in the merit list at serial No 1 prepared for the said purpose by the District Selection Committee, headed by the District Magistrate. Objections were, however, invited from the candidates, whose names figured in the select list. Certain objection was apparently received in respect of genuineness of the certificates of the petitioner. It is evident from Letter dtd. 1/1/2020, issued by the Sub Divisional Officer -cum- Licensing Authority, Hathua that the petitioner was asked to submit her explanation on 9/1/2020 in view of the objection raised against her and to appear before the Licensing Authority with all original documents/certificates. It was clearly mentioned in the said Communication dtd. 1/1/2020 that in the event no explanation was received, it would be considered that the petitioner did not have anything to say in respect of the objection raised against her and in such circumstances, the objection, raised against her, shall be sustained. The petitioner has not stated in the writ petition that she replied to the said Communication dtd. 1/1/2020, though there is averment in the writ application that the petitioner had appeared before the Sub-Divisional Officer with her certificates on 9/1/2020 and that the Sub-Divisional Officer -cum- Licensing Authority had verified the documents and expressed his satisfaction.

(3.) Respondent No 9 has subsequently been granted license to run the Public Distribution System shop on the basis of the selection process in question.