UPENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER is aggrieved by order dated 6.1.2009 passed by the Sub -Divisional Officer, Sheikhpura by which he has cancelled the licence granted to the petitioner under the Pubiic Distribution System bearing licence No.3 of 1993 purporting to act pursuant to the directions issued by the Secretary, Department of Food, Civil Supplies and Consumer Protection as contained in letter no. 796 dated 4.3.2006. The ground for cancellation is that as per the said directives, a PDS licence could not be transferred nor it could be issued to a partnership firm. Petitioner has assailed the validity of the said order.

(2.) WITH consent of parties, the writ application is being disposed of at the stage of admission itself. One Chhote Lal Manjhi was granted a licence being licence No.3 of 1993 under the provisions of the Bihar Trade Articles (Unification of Licences) Order, 1984 for carrying on business as a dealer under the Public Distribution System. Under the provisions of the Unification Order, as enforced then, Sub -Divisional Officer was the licensing authority for retail dealers which include dealers like the petitioner.

(3.) BY order dated 25.3.1995 (Annexure - 1), the said Chhote Lal Manjhi was permitted to induct the petitioenr Upendra Yadav as a partner and licence was, accordingly, amended. Thereafter, by order dated 23.5.1996, the said Chhote Lal Manjhi was permitted to withdraw from the partnership and, as such, again the licence was amended. The result was that the licence which was originally issued in the name of Chhote Lal Manjhi now stood transferred to the petitioner under due permission granted by the Sub -Divisional Officer, Sheikhpura. All this was done more than a decade back and since then the petitioner is working as a dealer under PDS on basis of the said licence till its order of cancellation as impugned.