IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17384 of 2009 1. DINESH LAL S/O SHRI SITARAM LAL R/O VILL.- RANJITPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 3. THE JOINT SECRETARY FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DIVISIONAL COMMISSIONER DARBHANGA 5. THE JOINT SECRETARY DEPARTMENT OF VIGILANCE, BIHAR, PATNA 6. THE DEPUTY DIRECTOR, FOOD AND CIVIL SUPPLIES DEPARTMENT, DARBHANGA 7. THE DISTRICT MAGISTRATE SAMASTIPUR 8. THE SUB-DIVISIONAL OFFICER SAMASTIPUR 9. THE BLOCK DEVELOPMENT OFFICER KHANPUR, SAMASTIPUR ----------- For the Petitionr :- Mr. Vinay Ranjan. For the Respondents :- Mr. Lakmesh Marvind, A.C. to S.C. XX ------- 4 12/01/2010 By this writ petition the petitioner as probono-publico has agitated the grievance relating to public distribution system in village Khanpur Northern Panchayat in the district of Samastipur. It was put-forth that the dealer Gulabo Devi was involved in irregularities and action has been taken against her, yet no step has been taken to regularise the public distribution system. This Court on earlier occasion had directed the District Magistrate, Samastipur through competent authority to file - 2 - affidavit. An affidavit has been filed today. Mr. Lakmesh Marvind, learned counsel for the State has pointed out to Annexure-F of the affidavit, specially the last two paragraphs. The said document is in Hindi but on being translated into English, it reads as under:- “Hence, for the said irregularities, license of the shop belonging to Smt. Gulabo Devi, public distribution system dealer, Panchayat Khanpur, Northern Block, Khanpur is suspended. She is directed to submit explanation within a week as to why the license of her shop be not cancelled. Block Supply Officer, Khanpur is ordered to attach the consumers of Smt. Gulabo Devi to the nearest public distribution system dealer and ensure sending the proposal immediately for approval.” After perusal of the affidavit, we direct that appropriate steps be taken against Gulabo Devi as per law and as far as the arrangement is concerned, the same shall be effectuated in a concrete manner so that the public do not suffer. The District Magistrate, Samastipur shall see to it that the arrangement is in continuum till a dealer is appointed. Steps be taken for appointing a dealer within a period of two months. A free copy of the order be handed over to - 3 - the learned counsel for the State to intimate the District Magistrate, Samastipur to take appropriate action in this regard. Be it noted that the District Magistrate has a significant role as far as the public distribution system is concerned and he cannot lie in slumber leaving to the lower authorities in entirety. True it is, there has to be de- centralisation but the controlling authority after taking steps for de-centralisation must see to it that the functionaries do function. We say no more on this score. With the aforesaid direction, the writ petition stands disposed of. AMIN (Dipak Misra, CJ.) (Shiva Kirti Singh, J)