Mintu Devi vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3202 of 2023
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Mintu Devi Wife of Ranjit Kumar Pandey, D/o Late Ram Ganesh Thakur,
Resident of Village- Dharampur Ward No. 01, P.S. Siwaipatti, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food and Civil Supply,
Government of Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The Sub Division Officer, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh
For the Respondent/s : Mr.S. Raza Ahmad ( Aag 5 )
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 20-07-2026
1. The petitioner has filed the Writ
petition for the following reliefs:
“(i) For quashing the memo
no. 37, dated 04.08.2021 passed by the
District Magistrate, Muzaffarpur.
ii). For direction to the
Respondents issue a P.D.S. License in
the favour of the petitioner on the basis
of compassionate ground.
(iii) For any other relief/
reliefs which is entitled to the petitioner
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in accordance with law."
2. The brief facts culled out of the Writ
petition is that the petitioner's father was a
licensed P.D.S. dealer holding Licence No. 05/91
(old) and Licence No. 01/08 (new), who operated
the fair price shop in accordance with the rules of
the Government of Bihar. The petitioner's mother
died on 14.10.2015 and her father subsequently
died on 23.02.2017. The petitioner claims to be the
only surviving legal heir of her parents.
3. After the death of her father, the
petitioner applied for grant of the P.D.S. dealership
on compassionate grounds by submitting all the
prescribed documents, including the
recommendations of the local authorities,
certificates relating to her residence, identity and
eligibility. She claims that she satisfies all the
eligibility criteria and is entitled for PDS dealership.
4. The petitioner's application, however,
was rejected by the District Magistrate,
Muzaffarpur, vide Memo No. 37 dated 04.08.2021,
solely on the ground that she is a married daughter
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of the deceased P.D.S. dealer. Thereafter, she
submitted representations before the authorities
seeking reconsideration of her claim, but no relief
has been granted.
5. Aggrieved by the rejection of her
application, the petitioner has approached this
Court seeking quashing of the aforesaid order and
sought for a direction upon the respondents to
consider her claim for grant of the P.D.S. dealership
on compassionate grounds.
6. The Learned counsel for the petitioner
submits that the impugned order rejecting the
petitioner's claim merely on the ground that she is
a married daughter is arbitrary, illegal and violative
of Article 14 of the Constitution of India.
7. It is submitted that the petitioner is the
only surviving legal heir of the deceased P.D.S.
dealer and has fulfilled all the prescribed eligibility
conditions for grant of the dealership. Her
application could not have been rejected solely on
the basis of her marital status.
8. The Learned counsel further submits
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that the General Administration Department,
Government of Bihar, by Letter No. 16973 dated
10.12.2014, has recognized the eligibility of
married daughters for compassionate
appointment. Therefore, there is no rational basis
to deny the petitioner the benefit of compassionate
allotment of the P.D.S. dealership merely because
she is a married daughter.
9. It is further argued that the object of
compassionate allotment is to provide financial
support to the family of the deceased licensee. The
petitioner, having no other source of livelihood and
being the only legal heir, is entitled to the benefit
of the compassionate policy. The rejection of her
claim defeats the very purpose of the scheme.
10. On the aforesaid grounds, the Learned
counsel for the petitioner prays that the impugned
Memo No. 37 dated 04.08.2021 be quashed and
the respondents be directed to reconsider the
petitioner's claim for grant of the P.D.S. dealership
on compassionate grounds in accordance with law.
11. A counter affidavit was filed on behalf
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of the respondents contending that the writ
petition is not maintainable either in law or on
facts and is liable to be dismissed.
12. It is contended that the petitioner has
failed to produce any reliable document to
establish that she is the sole surviving legal heir of
the deceased P.D.S. dealer. The respondents also
dispute the petitioner's claim regarding her
residence and her assertion that she is the only
successor of her deceased father.
13. The Learned counsel for the
respondents further submits that under Clause 10
of the Bihar Targeted Public Distribution System
(Control) Order, 2016, compassionate appointment
of a P.D.S. dealer is confined only to the categories
specifically mentioned therein, namely, the
spouse, son, unmarried daughter, daughter-in-law
and the wife of the deceased son of the deceased
licensee. Since the petitioner is a married
daughter, she does not fall within the categories of
eligible dependants and, therefore, her claim was
rightly rejected by the District Magistrate vide
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Memo No. 37 dated 04.08.2021.
14. It is further submitted that the letter
dated 10.12.2014 issued by the General
Administration Department pertains to
compassionate appointment in Government
service and has no application to grant of a P.D.S.
dealership, which is governed exclusively by the
provisions of the Bihar Targeted Public Distribution
System (Control) Order, 2016.
15.The Learned counsel for the
respondents also disputes the petitioner's claim
that she has no independent source of income and
submits that the petitioner has not established
such a claim by any cogent material. It is further
contended that the petitioner has an alternative
remedy available under law and, therefore, the
present writ petition is not maintainable.
16. On the aforesaid grounds, the Learned
counsel for respondents prays for dismissal of the
writ petition.
17. Having heard the Learned counsel for
the parties and upon perusal of the materials
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available on record, this Court finds that the
petitioner's claim for compassionate allotment of
the Fair Price Shop licence has been rejected solely
on the ground that she is a married daughter and,
therefore, does not fall within the category of
dependants specified under Clause 10 of the Bihar
Targeted Public Distribution System (Control)
Order, 2016.
18. The records disclose that the
authorities have not disputed the petitioner's claim
that she had been residing with the deceased
licence holder, was assisting him in running the
Fair Price Shop and had applied within the
prescribed period. The rejection of her claim rests
exclusively upon the interpretation of Clause 10 of
the Control Order.
19. For proper appreciation of the
controversy, Clause 10 of the Bihar Targeted Public
Distribution System (Control) Order, 2016, is
reproduced hereinbelow:
“ 10. A fair price shop license
on Compassionate Ground.
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In case of death of a fair price
shop's licensee under the age of 58 (fifty
eight) years, his shop may be allotted in
order of priority to his/her wife/husband,
son, unmarried daughter, daughter-in-law,
and widow of his son. If there are out of
these more than one dependent, all the
other are required to forsake their claim in
favour of one through an affidavit. The
application in this regard shall be
entertained, if submitted within two years
from the date of death of the licensee by
his dependent. If granted, such a fair price
shop license shall be a new license, and it
shall be permissible for further
compassionate ground license, but if any
member of the family of the deceased
licensee is a government servant or holds a
post of profit in the government, such a
family shall not get benefit of
compassionate ground."
20. Per contra, the petitioner has placed
reliance upon the recent decision of the Hon'ble
Supreme Court in Kulsum Nisha vs. State of
U.P. & Others , reported in 2026 SCC OnLine SC
1059 , wherein the Apex Court has held in
paragraph 23 as follows:
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"We are, therefore, of the
considered view that the exclusion of
married daughters from the definition of
"family" fails the test of reasonable
classification and is manifestly arbitrary.
The distinction created by Paragraph IV(10)
of the G.O. lacks any intelligible differentia
having a rational nexus with the object of
the scheme. The exclusion is founded
solely upon marital status and gender
stereotypes and consequently, violates
Articles 14 and 15(1) of the Constitution of
India."
21. This Court finds that neither the
District Compassionate Committee nor the
Revisional Authority has considered the effect, if
any, of the legal principles laid down by the
Hon'ble Supreme Court on the interpretation and
application of Clause 10 of the Bihar Targeted
Public Distribution System (Control) Order, 2016.
The impugned orders proceed only on a literal
reading of the provision without examining
whether the constitutional principles governing
equality and non-discrimination, as explained by
the Hon'ble Supreme Court, have any bearing on
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the petitioner's claim.
22. Since the said issue has not been
examined by the competent authority in the light
of the law relied upon by the petitioner, this Court
is of the view that it would not be appropriate to
undertake such an exercise for the first time in the
present writ proceedings. The competent authority
ought to have an opportunity to consider the
petitioner's case afresh after taking into account
the statutory provisions as well as the subsequent
declaration of law by the Hon'ble Supreme Court.
23. Accordingly, without expressing any
final opinion on the merits of the rival contentions
or on the applicability of the aforesaid judgment to
the facts of the present case, this Court considers
it appropriate to remit the matter to the Licensing
Authority for fresh consideration. The Licensing
Authority shall independently examine the
petitioner's claim in accordance with law, keeping
in view the provisions of the Bihar Targeted Public
Distribution System (Control) Order, 2016 and the
judgments relied upon by the petitioner, and shall
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pass a reasoned and speaking order after affording
an opportunity of hearing to the petitioner within a
period of three months from the date of
receipt/production of a copy of this order.
24. The writ petition stands disposed of
with the aforesaid observations and directions.
25. Interlocutory Application(s), if any,
shall stand disposed of
26. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.07.2026
Transmission Date