IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1862 of 2009 ACHHALAL CHOUDHARY & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 6/2/2009 Heard Mr. Arbind Kumar Sharma, learned counsel appearing on behalf of the petitioners and J.C. to S.C.5 as also counsel for the Corporation. The two petitioners, who are Fair Price Dealers, have approached this Court for ventilating certain grievance which strictly speaking do not come within the scope of judicial review as these are the matters of policy decision of the Government. How the policy of the Government would be framed and implemented is basically one which has to be determined by the Executive. The grievance of the petitioners may be right or may be wrong, but if they have been consistently raised as would appear from the annexures to the writ application the same is atleast required to be considered by the competent authorities of the State Government. That being so, this Court would direct the Commissioner-cum-Secretary of 2 the Food and Supply Department (Respondent no. 2) to consider grievance of the petitioners and take an appropriate decision. If any corrective measure is required to be taken either in course of implementation of policy or to serve public interest that also must follow in the light of the decision taken by the Respondent no. 2. Let it be however made clear that this Court has not expressed any opinion on the merits of grievance of the petitioners and Respondent no. 2 would be at liberty to take any such decision which would subserve the Public interest in course of distribution of essential commodities including food grains though the licensees under public distribution system. In order to expedite the matter, the petitioners are directed to file a fresh copy of representation to Respondent no. 2 high lighting their grievance with documentary evidence, if any, within a period of one month from the date of receipt/production of a copy of this order 3 and the Respondent no. 2 will be under obligation to consider the same and pass necessary orders within the period of next three months. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay