URMILA DEVI W/O VIJAY CHOUDHARY RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD AND PROTECTION DEPARTMENT OLD SECRETARIAT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the State.

(2.) Petitioner seeks direction to the respondents to issue license for running a fair price shop under Public Distribution System in the name of the petitioner. It is submitted that she is a member of Schedule Caste fulfills all the required criteria.

(3.) However, it appears that on earlier occasion also her name was recommended but the license was not granted. The petitioner, being aggrieved by the aforesaid action of the licensing authority, approached this Court by filing C.W.J.C. No. 1849 of 2010 which was disposed of on 5.4.2011 holding that recommendation does not tantamount to appointment and, thus, no mandamus shall lie for the enforcement of the recommendation. However, if the respondents invite fresh applications for grant of dealership and the petitioner applies in response to the same then that should be considered in accordance with law without considering the fact that this Court had declined him relief in the concerned writ application.