Seema Devi v. The State Of Bihar And ORS
Patna High Court CWJC No.5756 of 2014 dt.17-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5756 of 2014 =========================================================== Seema Devi, Wife of Sri Gopikant Jha, resident of Village- Sahasmal, P.S. Tarabari (Araria), District- Araria .... .... Petitioner
Versus
1. The State of Bihar
2. The Collector, Araria
3. The Sub-Divisional Officer, Araria .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate. Mr. Dhananjaya Nath Tiwari, Adv.
For the Respondents : Mr. Anil Kumar Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for setting aside the order dated 12.02.2008 passed by the learned Collector, Araria in Appeal No. 50/2007-08 by which the learned Collector, Araria was pleased to affirm the order dated 20.12.2007, contained in Memo No. 318/Aa dated 20.12.2007 passed by the learned Sub-Divisional Officer, Araria by which the learned Sub-Divisional Officer was pleased to cancel the license of the petitioner for running the Public Distribution Shop being license no. 60A/2006.
3. Learned counsel for the petitioner makes a short submission to assail the impugned orders, submitting that the solitary ground for cancelling the petitioner's P.D.S. license was that the approval of the District Selection Committee had not been taken prior to issuance of the license. It is submitted however that at the relevant
Patna High Court CWJC No.5756 of 2014 dt.17-07-2018 time when the license was issued there was no such requirement under the extant Rules. It was for the first time that such requirement was introduced in terms of the Public Distribution (Control) Order, 2001 notified by the State Government on 20.02.2007 which was inapplicable at the time of grant of license to the petitioner.
4. Learned counsel for the respondents appears and has been heard. He has not controverted the stand of the petitioner.
5. Having heard the parties and on a consideration of the materials on record, this Court finds merit in the writ petition. The issue in question is no longer res integra and stands decided in a number of writ petitions including C.W.J.C. No. 14525 of 2008 (Annexure-5) against which State's L.P.A. No. 292 of 2013 was dismissed by a Division Bench of this Court in its order dated 14.03.2013.
6. In the above view of the matter, the impugned order dated 20.12.2007 passed by the learned Sub-Divisional Officer, Araria (Annexure-4) and the appellate order dated 12.02.2008 passed by the learned Collector, Araria (Annexure-1) are hereby quashed. License of the petitioner shall be restored without undue delay.
7. The writ petition stands allowed as above. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 20.07.2018 Transmission Date N.A.