Writ  petition  not duly supported  by  statement  as  to  which  statements  are  true  to  the petitioner’s  knowledge  and  which  are  based  on  information  on record  deserves  to  be  thrown  at  the  threshold needs to be disposed of: Patna High Court.  

This case was filled by Tribuwan Ram S/o Late Mhadev Ram R/o Village- Husepur Nand, PSBasantpur, District- Siwan amount the state of Bihar. The Judgment in Tribuwan Ram v. State of Bihar (Citation: CWJC No.3629 of 2021) was served by HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD.

Respondent 4 is a Bihar Targeted Public Distribution System (Control) Order, 2016. It transpires that this petitioner had made an application before the authorities under Bihar Public Grievance Redressal Act, 2015, making certain allegations against said respondent no. 4 regarding irregularities in running the PDS shop in question. The Appellate Authority under the said Act had disposed of the petitioner’s appeal with a direction to the appropriate authority to look into the issues raised by the petitioner. The Licensing Authority, after giving respondent no. 4 an opportunity of hearing, had cancelled his license. Respondent no. 4 thereafter preferred an appeal under BTPDS (Control) Order, 2016 before the Appellate Authority. The Appellate Authority, i.e., the Collector, Siwan, passed a detailed order dated 10.04.2018 allowing the appeal wherein he dealt with the contentions raised on behalf of the respondent no. 4 and concluded that the Sub-divisional Officer-cum-Licensing Authority, passed the order, cancelling the license without looking into the report submitted by a Committee constituted to examine the correctness of allegation against the petitioner. Recording reasons, the Appellate Authority allowed the appeal, set aside the order of the Licensing Authority and accordingly directed for restoration of licence in favour of the respondent no. 4. The matter was however remanded to the Licensing Authority to pass a reasoned order. Against the said order of the Appellate Authority, the petitioner filed Supply Revision No. 99/2018 before the Commissioner, Saran Division, Chapra. The said revision application has been dismissed by an order dated 29.10.2018 on the ground that the petitioner did not have any locus standi to challenge the order of the Appellate Authority, he being a third party.

The court held that the writ petition which is not duly supported by statement as to which statements are true to the petitioner’s knowledge and which are based on information on record deserves to be thrown at the threshold. Further, since this writ petition lacks bonafide, it deserves to be dismissed with a cost. This writ petition is accordingly dismissed with a cost of Rs. 5,000/- to be deposited by the petitioner in the account of Bihar State Legal Services Authority within one month from the date of the Judgement.


Click Here To View Judgement

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat