Deepak Kumar Himkar vs The State Of Bihar & Ors.

Date : 07-08-2026

The Writ petition is filed for directing respondent No.5, the Sub-Divisional Officer, Masaurhi, Patna, to comply with the order of this Court dated 27.07.2019 passed in CWJC No.1548 of 2017 and to issue a fresh P.D.S. Shop License in favour of the petitioner, who has already fulfilled all the requirements as per the order of this Hon’ble Court. Further, for holding a declaration that the petitioner deserves to be granted a fresh shop license in the light of the order passed by this Hon’ble Court, as the earlier petition was filed for grant of license on compassionate grounds due to the death of his father.

Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents. Perused the records.

On perusal of the record, it transpires that this is the second round of litigation in which the petitioner has approached this Court. Initially, the petitioner filed CWJC No.1548 of 2017 seeking grant of P.D.S. License in his name. During the course of arguments, the Learned counsel for the petitioner submitted that he was not pressing the Writ petition and sought liberty to file a fresh application in terms of the Bihar Targeted Public Distribution System (Control) Order, 2016 in view of the judgment of the Division Bench of this Court in the case of Md. Noman Vs. The State of Bihar through District Magistrate, Araria, reported in 2019 (1) PLJR 823, Accordingly, this Court, vide order dated 27.07.2019, disposed of the Writ petition by granting liberty to the petitioner that, in case the petitioner was willing to apply for a fresh license, in accordance with law, he may be allowed to do so, if permissible in terms of the Bihar Targeted Public Distribution System (Control) Order, 2016.

It is the specific contention of the Learned counsel for the petitioner that subsequent to the order of this Court dated 27.07.2019, the petitioner made an application before the Sub-Divisional Officer, Masaurhi, Patna, i.e. respondent No.5, but respondent No.5 has kept the application pending and has neither allowed nor rejected the application of the petitioner till date.

At this juncture, the Learned counsel for the petitioner seeks a limited prayer before this Court to direct the authorities to dispose of the said application, in accordance with law.

Therefore, without going into the merits of the case, this Court directs respondent No.5, the Sub-Divisional Officer, Masaurhi, Patna, to pass an appropriate order, on the application of the petitioner within a period of three months from the date of receipt of a copy of this order.

With the aforesaid observation, the Writ petition stands disposed of.

Interlocutory application(s), if any, shall also stand disposed of.