FAIR PRICE DEALERS ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner has sought for a direction to the District Magistrate, Patna, the S.D. O., Patna, Sadar and the Rationing Officer of Patna, Ranchi, Dhanbad and Jamshedpur (respondents no.2 to 7 respectively), who are licence granting authorities under the provisions of the Bihar Control Order, 1984, to the effect that while they grant licences to new Public Distribution System dealers (in short 'P.D.S. dealer'), they must observe strictly the order/guideline issued by the Union of India from time to time for the rural areas or urban areas.

(2.) THE petitioners claim to be a registered Association having registration no. 2525 dated 6.8.1981 under Trade Union Act, 1926 with its Head Office at Bhikhna Pahari, Saidpur, Patna 4 and that all P.D.S. dealers of the State of Bihar are its members and the petitioner ssociation is a representative body of the P.D.S. dealers.

(3.) IT is, however, not claimed that the Secretary through whom this writ petition has been filed is competent and/or authorised to file the present writ petition on behalf of the Association. Under such circumstances alone, the writ petition is liable to be dismissed. However, since the learned counsel for the petitioner has argued the matter on merit, this Court feels persuaded to consider the same also.