FATMA Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Heard Mr. Mukesh Kumar Rana, learned counsel appearing on behalf of the petitioner and Ms. Binita Singh, learned Government Pleader No. 31 for the State. The petitioner holds a licence bearing No. 14P of 2007 issued under the Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as 'the Unification Order') for running a shop under the public distribution system. The licence of the petitioner was cancelled by the licensing authority, i.e. the Sub-Divisional Officer, Araria vide order bearing Memo No. 540 dated 8.12.2007, inter alia, on grounds of not having been approved by the District Selection Committee and which order of the licensing authority was affirmed by the appellate authority being the District Magistrate, Araria when the appeal preferred by the petitioner bearing Appeal No. 216 of 2007-08 was disposed of on 12.2.2008 remanding the matter for fresh consideration by the licensing authority as to whether the petitioner fulfills the eligibility criteria for grant of fresh licence.

(2.) Perusal of the order of cancellation of licence manifests that 329 licensees who had been issued licences under the Unification Order had been cancelled on identical grounds.

(3.) It is not in dispute that 'Unification Order did not contain any such stipulation requiring approval by the District Selection Committee. Thus there was no infirmity in the grant of licence to the petitioner.