SAKIM Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. Mrigank Mauli, learned counsel appearing on behalf of the petitioner and Mr. Santosh Kumar Mishra, A.C. to G.P. 13. The writ petition questions the order dated 12.2.2008 passed by the District Magistrate, Araria in Appeal No. 8 of 2007 -08 whereby the challenge of the petitioner to the cancellation of license by the licensing authority i.e. the S.D.O., Araria dated 20.12.2007 has been rejected and the appeal dismissed.

(2.) FACTS are not too elaborate. The petitioner was granted license under the then existing Bihar Trade Articles (Licenses Unification) Order, 1984, copy of the same is placed at Annexure -1 of the writ application and is dated 13.10.2006. The record manifests that even when no irregularities or any complaints were received regarding violation of any provisions of the license or the control order, the license of the petitioner was cancelled by the licensing authority vide order dated 20.12.2007 placed at Annexure -3. The cancellation order manifests that in all 329 licenses had been issued to different persons under the Public Distribution System and since according to the statutory authorities the licenses had been issued without obtaining the concurrence and approval of the District Level Committee constituted under the Fair Price Shops Control Order, 2007 issued under the Public Distribution System Control Order, 2001, that the licenses of all such persons were recommended for cancellation and pursuant whereto the order of cancellation impugned at Annexure -3 has been passed. The petitioner being aggrieved by the cancellation preferred a statutory appeal before the appellate authority who is the District Magistrate and who by order dated 12.2.2008 has been pleased to remand the matter for consideration afresh by the licensing authorities as to whether the petitioner fulfilled the eligibility for grant of license. Feeling aggrieved the petitioner is before this Court.

(3.) THIS issue was earlier deliberated upon before this Court in a matter arising from C.W.J.C. No. 14529 of 2008 and allowed and which order of the learned Single Judge was approved in LPA No. 292 of 2012.