SALEEM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 21-2-2003 (Annexure-1) whereby the food grains meant for distribution under the Antyoday Scheme has been directed to be withdrawn from the petitioner and allotted to respondent No. 4 Suresh Yadav, another dealer under the Public Distribution System.

(2.) Shorts facts giving rise to the present application are that the petitioner possesses a licence under the Bihar Trade Articles (Licences & Unification) Order, hereinafter referred to as 'the Unification Order' and was also appointed as a dealer under the Public Distribution System, for short 'PDS'. It seems that one Shri Rahmatullah was a dealer under the PDS who died and after his death, by order dated 28-6-2002, the allotment made in his favour was assigned to the petitioner. The Panchayat Samiti of Raghunathpur, in its meeting held on 17-2-2002, resolved to allot the food grains under the Antyodai Scheme to respondent No. 4 and the allotment made in favour of the petitioner was withdrawn. In the light of the decision of the Panchayat Samiti by the impugned order, the food grains allotted to the petitioner under the Antyodai Scheme has been withdrawn and assigned to respondent No. 4.

(3.) Mr. Farooque Ahmad Khan appearing on behalf of the petitioner submits that the Panchayat Samiti has no authority to take decision in this regard. In my opinion, grant of food grains under the Antyodai Scheme is not governed by any statute and the same is governed by the principal of agency. In that view of the matter, I am of the opinion that the petitioner has no right to get the food grains allotted under the Antyodai Scheme and as such, the relief sought for is absolutely misconceived. Reference in this connection can be made to a decision of this Court in the case of Sri Krishna Kumar v. The State of Bihar and Ors., reported in 2001 (2) PLJR 535, in which it has been observed as follows: