Kishori Devi vs The State Of Bihar & Ors.

Date : 10-08-2026

The Writ petition has been filed for the following reliefs:

The brief facts, as culled out from the Writ petition, are that the father-in-law of the petitioner was a P.D.S. dealer, having Licence No. 40/07. He died on 25.12.2011 which is certified by the death certificate dated 02.01.2012. After the death of her father-in-law, the petitioner submitted application before the concerned authority on 26.10.2018, along with the relevant documents, for issuance of a licence on compassionate grounds, which is still pending.

It is the specific contention of the Learned counsel for the petitioner that, in spite of making an appropriate application, the same has been kept pending before the District Magistrate, Vaishali. Therefore, he prayed seeking a direction to the concerned authority to pass appropriate order on application of the petitioner.

A detailed counter affidavit has been filed on behalf of respondent Nos. 2 to 4, contending that the Writ petition itself is not maintainable, as per the Bihar Targeted Public Distribution System (Control) Order, 2016 which provides that the application for grant of a licence on compassionate grounds is required to be made within two years from the date of death of the licensee, whereas, the petitioner has preferred application after more than five years.

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

Taking into consideration the fact that the application of the petitioner is still pending before the District Magistrate, this Court directs the District Magistrate, Vaishali, to pass an appropriate order within a period of three months from the date of receipt of a copy of this order, in accordance with law.

With the aforesaid observations, the present Writ petition stand disposed of.

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