IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8003 of 2009 1. RITA DEVI wife of Surendra Choudhary, resident of village – Lakhibagh, P.S. Masaurhi, District – Patna. 2. Raj Kumar Choudhary, son of late Panchoo Chowdhary, resident of Mohalla-Taregna, Gola Road, Kumahar Toli, P S – Masaurhi, District – Patna. _________ Petitioners Versus 1. THE STATE OF BIHAR through Secretary, Food & Civil Supply Department, Patna. 2. The District Magistrate, Patna. 3. The S D O, Masaurhi Sub-division, District – Patna. 4. The District Selection Committee, through its Chairman, Patna. ________Respondents ----------- 02. 20.07.2009 Heard learned senior counsel for the petitioners and learned counsel for the State. Petitioners have approached this Court in the given set of facts that even though initially recommendations had been made in their favour for allotment of PDS dealership but no final decision was taken by the concerned authorities specially the licensing authority on the ground that there are no vacancies available which could accommodate the two petitioners’ request or accommodation. Learned senior counsel for the petitioners based on the various communications and decisions submits that the licensing authority namely, Sub Divisional Officer, Masaurhi has taken contradictory stand in the matter which per say seems to be arbitrary. In one hand it is accepted that there is material being available that additional shops and licences were required but when it came down to accepting the recommendation of these petitioners it was turned down and three other persons came to be accommodated. - 2 - Learned senior counsel in a fair manner submits that he is not seeking cancellation of the licences of the three appointees which are vulnerable and can be challenged but would like the concerned licensing authority to consider their cases in the light of the recommendations with due dispassion. Since a limited prayer has been made in this regard and on the fair submissions having been made at the bar, the writ application is disposed of with a direction upon the Sub Divisional Officer, Masaurhi, the licensing authority that he shall consider and decide on the application for grant of PDS dealership keeping in mind that the recommendations and vacancies which I am informed are available. The Court expects a decision in this regard preferably within three months from the date of communication/receipt of a copy of this order. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)