SUBHAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioner and Mr. P.D. Agrawal, learned Government Advocate. In this writ application, the petitioner has prays for quashing the order passed by the Deputy Commissioner whereby the licence of the fair-price shop standing in the name of the petitioner has been cancelled. The admitted facts are that the petitioner's husband was holding a licence of fair-price shop in his name. Whatever be the reasons, he stopped carrying on business and expressed his desire to get the licence in the name of his wife, the present petitioner. It appears that one day before his retirement, the Special Officer Rationing granted the licence to the petitioner. From perusal of the writ application, it appears that the case of be petitioner is that the licence was transferred in the name of the petitioner on compassionate ground. In para 5 of the writ application, it is stated, inter alia, that the petitioner's husband fell seriously ill and then he applied for transfer of the licence in his wife's name. Mr. Rajiv Kumar, learned counsel for the petitioner vary fairly admitted that there is no provision under the Bihar Trade Articles (Licences Unification) Order for transfer of licence from one person to another. Rather, before issuance of licence, there are so many formalities to be fulfilled by the licensing authority. In similar circumstances, I have considered the provisions of the Act and held such grant of licence is illegal. This same is squarely covered by the judgment and order passed in CWJC No. 1089 of 1997(R). In this view of the matter, no relief can be given to the petitioner. This application is, accordingly, dismissed.