IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11568 of 2005 MURARI DAS, SON OF SRI BRAHAMDEO DAS, RESIDENT OF VILLAGE JAGDISHPUR, P.S. JAIRAMPUR MORE, DISTRICT SHEKHPURA………………….................PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SHEKHPURA. 3. THE SUB-DIVISIONAL OFFICER, SHEKHPURA. 4. MEENA DEVI, WIFE OF LATE DEBU SAH, RESIDENT OF SARAIYA TATARPUR, P.S. JAIRAMPUR, DIST. SHEKHPURA. 5. BIJAY YADAV, SON OF DR. CHALITRA YADAV, RESIDENT OF UPDHI, P.S. JAIRAMPUR, DIST. SHEKHPURA. 6. PRATIMA KUMARI, WIFE OF ASHOK SINGH, RESIDENT OF JAGDISHPUR, P.S. JAIRAMPUR, DIST. SHEKHPURA. 7. KIRAN DEVI, WIFE OF TUNI YADAV, RESIDENT OF UPDHI, P.S. JAIRAMPUR, DIST. SHEKHPURA………RESPONDENTS. ---------------------------------- 03/ 02.08.2011 Heard learned counsel for the petitioner. No one appears for the respondents. 2. This writ petition has been filed by the petitioner for directing respondents to restrict the numbers of shop under Public Distribution System in Jagdishpur Panchayat within Barbigha Block in the district of Shekhpura within the prescribed limits, as prescribed in the specific provisions of law. The allegation of the petitioner is that the licenses have been given to four other persons, namely respondent nos.4 to 7 beyond the prescribed limits. 3. Considering the facts and circumstances of the case, this court finds that the Licensing Authority is the Sub-Divisional Officer (respondent no.3) and hence any such illegality committed by the Licensing Authority should have been brought before the District Magistrate concerned - 2 - (respondent no.2) who could have thrashed the facts and circumstances of the case and could have passed an appropriate order in accordance with law. Moreover, six years have lapsed since filing of the writ petition and during the pendency of this writ petition no counter affidavit has been filed on behalf of the respondents authorities. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the District Magistrate, Shekhpura with an application giving details of his claim and raising all the points which he has raised before this court. If such an application is filed by the petitioner within 15 days from today the District Magistrate, Shekhpura shall consider the matter and decide it in accordance with law by a speaking order within four months thereafter. Harish (S.N. Hussain, J.)