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2000 DIGILAW 1283 (PAT)

Raja Ram Singh v. State Of Bihar

2000-12-01

AFTAB ALAM, RAVI S.DHAVAN

body2000
Judgment 1. The present appeal has been filed challenging the order of 8 May, 2000 in writ petition C.W.J.C. No. 6130 of 1999 : Raja Ram Singh and anr. V/s. The State of Bihar & ors. along with C.W.J.C. No. 6389 of 1999, Munsi Prasad Singh V/s. the State of Bihar. The grievance in the writ petition was that the licences of the two petitioners had been cancelled for the reason that both the petitioners had desired transfer of their licences to their brother and son respectively. From this it is clear that the transfer of a licence was in issue and not the cancellation of it at the hands of the original owner. 2. The State Government had formulated a policy that as part of a reservation for Scheduled Caste and Scheduled Tribe while transfer of a licence on compassionate ground would be considered, this will not be a latitude for other classes. 3. A licence to trade in commodities for sale on the Public Distribution System cannot be claimed as a right. Counsel for the petitioner acknowledges that there has been no monetary consideration for a licence. In the circumstances while the State Government did not interfere as long as the licence stood with the original holder, no objection can be raised that the State was obliged to transfer the licence to the son or the brother, as the case may be. The Court does not find any error in the appeal on the writ petition. The appeal is misconceived. 4. Dismissed.