ANIRUDDH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel representing the State.

(2.) Petitioner in the present case is himself a Fair Price Shop dealer. He has moved this Court for quashing of the Advertisement dated 19.05.2018 issued under signature of the Sub-Divisional Officer, Banka by which applications have been invited for grant of Public Distribution System shop license in Gram Panchayat - South Kojhi. It is the grievance of the petitioner that in terms of the populations the said Gram Panchayat has a population of 11245, there are already six P.D.S. Dealer and as per the notification dated 10.03.2016 in rural areas on a population of 1900 one P.D.S. Dealer is to be provided. It is, thus, his submission that there is no vacancy in the Gram Panchayat - South Kojhi within the Fullidumar Block in the District of Banka. He has also prayed for quashing of the roster issued under signature of S.D.O., Banka by which three more vacancies have been sanctioned for the said panchayat.

(3.) Learned counsel for the State submits that the writ application is in fact only misconceived. Firstly, for the reason that the petitioner has no locus standi to challenge the sanction of additional vacancies of Fair Price Shop and secondly that in terms of Rule 9(iii) of the Bihar Targeted P.D.S. (Control) Order, 2016 (hereinafter referred to as the 'Control Order of 2016') the competent authority may provide for Fair Price Shops in difficult areas particularly those of scheduled caste/scheduled tribe on a population of 1000 persons. It is his submission that the aim and object of the grant of Fair Price Shop license is to make available foodgrains and other essential commodities to those persons who are in need of that and in no case a licensee can object to grant of additional licenses by the licensing authority on the ground that it takes away some profit margin of the licensee. Maximization of profit of the licensee is not and cannot be a ground to challenge the grant of additional license. It is further submitted that in C.W.J.C. 3018 of 2019 (Siyaram Singh and others Vs. The State of Bihar and others) this Court has in almost similar circumstance taken a view in favour of grant of additional license.