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2012 DIGILAW 268 (PAT)

Md. Sadique v. State Of Bihar

2012-02-14

SHEEMA ALI KHAN

body2012
ORDER Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. 2. The petitioner is holding a licence as a P.D.S. Dealer. His licence no. 25A of 2006 was issued on 5.9.2006, as per the provisions of the Bihar Trade Articles (Licence Unification) Order, 1984. The petitioner is aggrieved by the order dated 20.12.2007, passed by the Sub-Divisional Officer, Araria and the appellate order, passed by the Collector, Araria dated 12.2.2008 as contained in Annexures 3 and 4. His licence has been cancelled on the ground that it was not placed before the District Level Selection Committee. At the stage when the licence was granted to the petitioner, the law which was for the time being enforced was adhered to. There is no illegality in the grant of licence as per the 1984 Control Order. Subsequent to that the State Government issued a notification which was implemented on 20.2.2007. Clause 2 of the said order reads as follows: 2. Selection Committee for Issue of Licence:- Every application for the grant of licence shall be made to the respective licensing authority in prescribed Form-1. The licensing authority shall ensure the proper verification through Block Supply Officer/Supply Inspector and shall recommend its report to the District Level Selection Committee for consideration. This would not be applicable to existing licensees who shall be governed as per provision of para-1. 3. In view of provisions of Clause 2, it is apparent that while granting fresh licenses, the licensing authority has to make verification and after making his recommendation place the matter before the District Selection Committee. Clause 2 would also indicate that this provision is not applicable to the persons who have already been granted licence earlier to the said notification implemented on 20.2.2007. Para 1 of the said notification clearly indicates that new licence of a Fair Price Shops and its related working to licensee under Public Distribution System would be regulated through the provisions of Public Distribution System (Control) Order, 2001. 4. The order of the appellate authority indicates that against 137 vacancies, 329 persons have been appointed as distributors under the Public Distribution System which is obviously much in excess of the sanctioned strength. 5. It is quite clear that the licenses granted by the Sub-Divisional Officer, Araria and confirmed by the District Level Committee has been made without applying their minds in a haphazard manner. 5. It is quite clear that the licenses granted by the Sub-Divisional Officer, Araria and confirmed by the District Level Committee has been made without applying their minds in a haphazard manner. The Sub-Divisional Officer, Araria should have prepared a list of existing dealers and thereafter made fresh appointments according to the sanctioned strength of dealers in a particular district. 6. This Court finds that the haphazard manner in which the dealers are being granted licenses by the District Level Committee/ the Sub-Divisional Officer, Araria is not to be appreciated by this Court. 7. I accordingly, direct that a seniority list should be prepared of those persons who hold licence under the Public Distribution System taking into account all those persons who were earlier granted licence. It cannot be appreciated by any Court that those who were granted licence and have been running their shops without any allegations in accordance with law, should be removed on the ground that their licenses have not been approved by the District Level Committee. I accordingly, quash annexures 3 and 4 and direct that the District Level Committee should restore the petitioner’s licence. He should also take steps to make a list in accordance with seniority of all those persons who are licensees under the Public Distribution System and thereafter take a decision with respect to excess appointments. 8. This writ application is allowed.