IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2570 of 2009 Vikash Kumar Bharti son of Vishnu Charan Bharti, resident of village- Ghorhat Mathian, P.O. Madansath, P.S. Manjhi, District-Saran. …….Petitioner. Versus 1. The State of Bihar through Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna. 2. The District Magistrate, Saran, Chapra. 3. The Sub-divisional Officer, Sadar Chapra. 4. The District Supply Officer, Sadar Chapra. 5. The Block Supply Officer, Manjhi Block, District-Saran. 6. The Supply Inspector, Manjhi Block, District-Saran. …….Respondents. ----- For the petitioner : Mr. M.N.Parbat, Advocate Mr. Mrityunjay Kumar, Advocate. For the respondents: Mr. Lalan Kumar, Assistant Counsel to Govt. Pleader-22. ----- 04/ 06.07.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed by the petitioner for a direction to the authorities concerned to grant P.D.S licence in his name on compassionate ground as her mother, namely Sonamati Devi, who was running a fair price shop under P.D.S. Lincence No.06. Of 1996, had died on 10.03.2007. Learned counsel for the petitioner submits that his petition is not being allowed only on the ground that his father Vishnu Charan Bharti also has a fair price under P.D.S.licence No.08 of 1986 without appreciating that the petitioner is separate from his father and hence he was entitled to have his own licence in place of his mother on compassionate ground. On the other hand, learned counsel for the respondents - 2 - submits that according to Gazette notification dated 20.02.2007, licence shall not be allowed to more than one member of a joint family which includes mother, father, brother, sister-in-law, wife, son, daughter-in-law, step brother. The presumption under the Hindu law is that a family is joint unless contrary is proved. Here to support his claim, the petitioner has merely made bald statement that he is separate from his father. He has not produced any document of partition or any such reliable material in support of his claim and hence only on the basis of self serving statement of the petitioner it cannot be legally presumed that the family is not joint and there has been separation/ partition which might entitle him for separate licence. Furthermore, the compassionate allotment is meant only for the purpose of maintenance/ sustenance of the family. Here, in the instant case when the father is already having his own fair price shop under a specific licence, there is no question of any lack of maintenance or sustenance. In the said circumstances, this court does not find any merit in this writ petition which is, accordingly, dismissed. Sunil (S. N. Hussain, J.)