IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7106 of 2010 1. Kumar Nawjeevan Diwakar S/O Kumar Dharmendra @ Sri Devendra Prasad Singh R/O Vill.- Lodipur, P.O. Lodipur, P.S. Sheikhpura, Distt. Sheikhpura. Versus 1. The State Of Bihar 2. The District Magistrate, Sheikhpura 3. The Sub-Divisional Officer, Sheikhpura, Distt.- Sheikhpura 4. The Block Supply Officer, Sheikhpura Block, P.S. Sheikhpura, Distt. Sheikhpura 5. Digvijay Narayan Purushottam S/O Sri Uday Prasad R/O Vill. Deole, P.O. Lodipur, P.S. Sheikhpura, Distt. Sheikhpura. ---------------------------------- 2. 20.9.2011. Heard Mr. Sanjeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Neeraj Kumar, learned Assisting Counsel to SC- 22 appearing on behalf of the State. The petitioner is aggrieved by the decision of the District Level Selection Committee, Sheikhpura constituted under the provisions of the Public Distribution System (Control) Order, 2001 (hereinafter referred to as ‘the Order’) as notified through GSR- 01/dated 20.2.2007, in so far as they have granted dealership for running a fair price shop under the Public Distribution System at village Deole in preference to the village Lodipur, within the district of Sheikhpura, of which the petitioner is a resident and was also 2 an applicant. The facts of the case are in a very narrow compass. The petitioner, a resident of village Lodipur along with the respondent no.5, a resident of village Deole and some others had applied for appointment of dealership against vacancy in Gram Panchayat Lodipur within Sheikhpura Block. The proceedings are placed at Annexure-3 to the writ petition. Learned counsel for the petitioner, with reference to the proceedings, submits that the District Level Selection Committee while considering the applications received from the applicants from village Lodipur, Harsadih and Deole, all falling within the Gram Panchayat, Lodipur, chose to award the dealership to the private respondent no.5 belonging to village Deole in preference to village Lodipur. The petitioner is aggrieved of the said decision, inter alia, on the following grounds; (a) Although village Deole already has been granted one dealership under the provisions of the Order there is no PDS shop in village Lodipur, (b) In terms of Clause 2.(1), there has to be one shop under the Public Distribution System for every 1900 population and village Lodipur having a population of 2200 was thus entitled to one shop. (c) In terms of 2.(1)(2), an obligation has been cast upon the authorities to ensure that the consumers are not made to travel 3 beyond a distance of 2 kms. and by setting of a dealership in the village Deole, the local residents of Lodipur have to travel a distance exceeding 2 kms., Learned counsel for the petitioner, in support of the afore-mentioned submissions, has relied upon a report of the Special Works Officer, Food and Consumer Protection, Government of Bihar, Patna submitted to the Principal Secretary, Food and Consumer Protection in response to the query made by the Chief Minister Secretariat on a complaint made in this regard. A copy of the said report has been placed at Annexure-5 of the writ petition. Learned counsel with reference to a communication of the Additional Secretary addressed to the Sub Divisional officer, Sheikhpura asking to explain the circumstances in the light of the complaint received in this regard, submits that the Sub Divisional Officer has failed to provide any suitable answer for ignoring the claim of the local villagers of village Lodipur for grant of dealership. A counter affidavit has been filed on behalf of the State and the position has been admitted by the respondents that there is no fair price shop in village Lodipur and that the 4 local villagers of Lodipur have to obtain their provisions from a shop situated in village Deole. Having heard learned counsel for the parties and upon perusal of the records, this court without expressing any opinion on the dealership awarded to the respondent no.5 pursuant to the decision of the District Level Selection Committee, as placed at Annexure-2, disposes of the writ petition with a direction to the District Magistrate, Sheikhpura respondent no.2 herein, who also happens to be the Chairman of the District Level Selection Committee, to consider the grievance of the petitioner as raised in the writ petition, in the back drop of the provisions of the Public Distribution System Control Order, 2001 and dispose of the same in accordance with law. The District Magistrate, Sheikpura while considering the matter shall also consider the possibility of awarding a dealership at village Lodipur and may in this regard consider the applications received from the applicants belonging to the said village which includes the petitioner. This court expects the District Magistrate, Sheikhpura to take a final 5 decision on the issue, within a period of three months from the date of receipt/production of a copy of this order. ahk (Jyoti Saran, J.)