PATNA, India, Oct. 8 -- Patna High Court issued the following judgment on Sept. 8:

1.The writ petition is filed for the following reliefs:

"(A) A writ in the nature of certiorari or any other appropriate writ, order, direction, quashing the order dated 26.03.2018 and 13.4.18. passed by the Licensing Officer cum Sub Divisional Officer, Kharagpur as communicated through Memo No. 91 dated 13.04.2018 issued under the signature of Licensing Officer cum Sub Divisional Officer, Kharagpur canceling the petitioner's application for grant of License and grant of Jan Vitran Pranali Shop on compassionate ground.

(B) A writ in the nature of any appropriate writ, order, direction commanding the respondents to act in accordance with law.

(C) Any other reliefs which the petitioner is found entitled to."

2.The brief facts, as culled out of the petition are that Late Sadanand Prasad Yadav held the license of a Jan Vitran Pranali shop (License No. 20/07) at Panchayat Keshouli, till 12.01.2016. After the demise Sadanand Prasad Yadav, the petitioner being his son applied for grant of licence before the Sub-Divisional Officer cum Licensing Officer, Kharagpur, on 09.04.2016 on compassionate grounds. In Support of his application, the petitioner annexed documents, including residence certificate, death certificate, affidavits from family members, and other relevant papers. The petitioner claimed that he was entitled for the license on compassionate ground as the legal heir and was maintaining the family after his father's demise.

3.It is submitted that the Licensing Authority rejected the application vide orders dated 26.03.2018 and 13.04.2018, relying on the Public Distribution System (Control) Order, 2011, which specifically stipulates that compassionate licenses cannot be granted, if the deceased licensee was more than 55 years of age, at the time of his death. The petitioner's father was found to be 57 years old at the time of death, based on verifications including Election Commission records and school transfer certificates (which were found questionable). Consequently, the application of petitioner was denied. The petitioner contended that the rejection of the application was arbitrary, illegal, and in violation of the principles of natural justice.

4. It is submitted that the petitioner was entitled for license under the Public Distribution System (Control) Order, 2016, which provides priority to the spouse, son, unmarried daughter, daughter-in-law, and widow of the deceased licensee.

5. It is further submitted that all required documents and affidavits were duly submitted and that the Licensing Authority failed to apply its mind.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjE1NTIjMjAxOCMxI04=-p1LnGWH9oOo=

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