BRAJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Points involved in all these cases, being common, they have been heard together and are being dispossed of by this order.

(2.) The Petitioners are Fair price Shop Dealers, having licences under the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as the 'Licensing Order'). They are aggrieved by the impugned action of the District Magistrate and the Subdivisional Officers of the concerned districts, whereby steps have been taken to cancel their agreements and licenses in purported compliance of the letter of the Secretary, Food, Supply and Commerce, bearing memo No. 1355 dated 26th March, 1998.

(3.) There is no allegation that at any point of time, the Petitioners have breached the terms and conditions of the licences or the orders of the State Government issued from time to time in this regard. Reasons for the impugned action, as would appear from the impugned order, and the averments of the Respondents in the counter affidavit filed in CWJC No. 7696 of 1998 are that in view of the general census of 1991 each fair price shop in the rural areas should be established on a population of 1900 whereas in urban areas against the population of 1350. There fore, having regard to such a policy, steps are being taken to cancel the agreements and, consequent thereto, licences of such shops, where units were not allotted in conformity to such a policy. An attempt has also been made to show that besides the aforesaid irregularity, it was further discovered that Government policy of reservation to allot certain percentage of shops to the members of the scheduled caste and tribe and other weaker sections were also not fully complied.