Dipak Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4987 of 2014 ====================================================== Dipak Kumar Jha, Son of Sanjeeb Kumar Jha, Resident of Hanumant Nagar, Ward No. 11/15, Araria, Municipality, P.S. and District - Araria .... .... Petitioner.

Versus

1. The State of Bihar

2. Collector, Araria, District - Araria

3. Sub-Divisional Officer, District - Araria .... .... Respondents.

====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha For the Respondent/s : Mr. Ratnakar Ambastha, AC to GP-13 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the State. The petitioner was granted P.D.S. license under Unification Order, 1984, on 22.09.2006. Subsequently, his license has been cancelled on 20.12.2007 by the Sub-Divisional Officer, Araria, which was affirmed in appeal vide order dated 02.02.2008 by the appellate authority.

The license of the petitioner and many others was cancelled on the ground that the same did not have the recommendation of the District Level Selection Committee. In my view, the formation of District Level Selection Committee was laid down under 2001 Orders, which became operational w.e.f. 20.02.2007. Since the petitioner has got dealership in the year 2006, he in no way would be guided under

Patna High Court CWJC No.4987 of 2014 (2) dt.28-09-2015 2 / 2 2007 Order.

In the result, this application stands allowed. The impugned orders are set aside.

(Samarendra Pratap Singh, J.) Uday/- U