Renu Devi vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16655 of 2023
CNR No. BRHC011074162023
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Renu Devi Wife of Arvind Singh and daughter-in-law of Late Rajeshwar
Singh, resident of Village and P.O. Daraili Mathiya, Police Station and Block-
Darauli, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Food Supply and Consumer
Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Siwan.
3. The Sub-Divisional Officer, Siwan Sadar, District-Siwan.
4. The Block Supply Officer, Darauli, District-Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s Ajay Kumar Tiwary
Nirbhay Prashant, Advocates
For the Respondent/s : M/s Subodh Kumar Jha, AAG 1
Chandra Mohan Jha, AC to AAG 1
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-10-2026
1. The petitioner has filed the instant
application for the following reliefs:
“i) For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent authorities
concerned to grant license of Public
Distribution System's shop in the name
of this petitioner on compassionate
ground as the Public Distribution
System's shop license no.299 of 2007

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was running in the name of late
Rajeshwar Singh, the father-in-law of
this petitioner, who died and only this
petitioner is entitled to run the Public
Distribution System's shop.
ii) For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent authorities to
consider the claim of the petitioner for
grant of license of Public Distribution
System's shop on compassionate
ground after death of her father-in-law
late Rajeshwar Singh, who is suffering a
lot after death of her father-in-law and
only the livelihood of her family.
iii) For issuance of an
appropriate writ in the nature of
mandamus for commanding and
directing the respondent authorities to
dispose off the application of the
petitioner dated 21.11.2014 which is
pending before the respondent no.3
with reasoned and speaking order.
iv) For issuance of any other
appropriate writ/writs, order/orders,

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direction/directions for which the writ
petitioner will be found entitled in the
facts and circumstances of the case.”
2. The brief facts culled out of the Writ
petition are that the father-in-law of the petitioner,
late Rajeshwar Singh, was holding a licence for
running a Public Distribution System (PDS) shop,
bearing Licence No. 299 of 2007, who died on
25.08.2014. Thereafter, the petitioner applied for
grant of the licence on compassionate grounds on
21.11.2014. Following an inquiry, the Block Supply
Officer, Darauli, submitted his report dated
04.04.2015 to the District Selection Committee,
Siwan. The petitioner claims that the wife of the
deceased licence holder supported her application
by an affidavit stating that her elder son, Arbind
Kumar Singh, was mentally unfit to run the shop and
that the petitioner was capable of managing it.
However, Arbind Kumar Singh subsequently applied
for the licence on 04.12.2018, and the respondent
authority, by order dated 05.02.2021 passed in
Supply Case No. 10 of 2020-21, forwarded his

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application to the District Level Supply Selection
Committee. The petitioner's application has allegedly
remained undecided for more than nine years,
compelling her to approach this Court.
3. The Learned counsel submits that
the petitioner's application for grant of a PDS
licence on compassionate grounds has not been
decided despite the inquiry report and supporting
documents being available on record. It is further
submitted that the respondents have failed to
consider her claim in accordance with the
applicable government guidelines, causing undue
hardship to the petitioner and her family.
Accordingly, the Learned counsel seeks
appropriate directions for consideration of her
application in accordance with law.
4. A counter affidavit has been filed on
behalf of the respondents, discloses that the
petitioner’s claim was considered by the
competent authority and was rejected by order
dated 05.02.2021, as the affidavits submitted in
support of the respective claims of the petitioner

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and her husband were contradictory. It is further
submitted that the petitioner has not challenged
the said order, and her husband’s application was
also rejected by the District Compassionate
Committee on 30.09.2021 for being time-barred
under the Bihar Public Distribution System Control
Order, 2016. The Learned counsel, therefore,
submits that the Writ petition, being devoid of
merit, is liable to be dismissed.
5. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents and perused the materials available
on record.
6. It is evident from the record that the
original licence holder, late Rajeshwar Singh, died
on 25.08.2014, whereafter the petitioner being his
daughter-in-law, applied for grant of the PDS
licence on compassionate grounds on 21.11.2014.
The wife of the deceased licence holder, by
affidavit dated 08.06.2016, stated that she and her
sons were unable to run the shop and that her
elder son, Arbind Singh, was suffering from mental

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illness, whereas the petitioner was literate and
capable of running the shop.
7. The respondents rejected the
petitioner’s claim on the ground that the affidavits
submitted in support of the competing claims were
contradictory. However, the petitioner’s claim
requires fresh consideration by the competent
authority in light of the relevant documents and
the applicable provisions of the Bihar Public
Distribution System Control Order, 2016. The
rejection of the petitioner’s claim without proper
reconsideration of the relevant circumstances
cannot be sustained. It is the duty incumbent upon
the respondents to appoint any of the family
members of the deceased licensee hold on
compassionate appointment. The respondents
cannot reject the claim of the petitioner on the
ground and the claim of his husband as another
ground depriving the right of the petitioner inspite
of making his application within the stipulated time
as per the PDS Orders, 2016.
8. Accordingly, the Writ petition is

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allowed. The impugned order dated 05.02.2021 is
set aside, and the matter is remitted to the
Licensing Authority-cum-Sub-Divisional Officer,
Siwan Sadar, for fresh consideration of the
petitioner’s claim for grant of the PDS licence in
accordance with law, after taking into account the
relevant documents and circumstances and for
passing a reasoned order.
9. The aforesaid exercise shall be
completed within a period of two months from the
date of receipt/production of a copy of this
judgment.
10. The writ application stands allowed
in the aforesaid terms.
11. Interlocutory Application, if any,
shall stands disposed of.


(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date