ORDER : Heard the parties. 2. The petitioner is aggrieved by the order dated 20.12.2007 passed by the Sub-divisional Officer, Araria whereby the licence of the petitioner for running a shop under the Public Distribution System has been cancelled on grounds that the approval of the District Level Committee had not been taken as contained in Annexure-2. The petitioner has also questioned the order dated 12.2.2008 passed by the District Magistrate, Araria in District Appeal No.232 of 2007-08 in the capacity of appellate authority, whereby the appellate authority while disposing of the appeal has remitted the matter back to the licensing authority, i.e. the Sub-Divisional Officer, Araria for passing orders in the light of the direction contained therein. The appellate order is impugned at Annexure-1. 3. The facts of the case briefly stated is that the petitioner was granted a licence bearing No.315 of 2007 for running a shop under the public distribution system under the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter referred to as ‘the Unification Order’). Though no complaints were received against the petitioner for statutory violation of the licence or alleging any irregularity but the licensing authority by the order passed on 20.12.2007 has cancelled the licence of the petitioner on grounds that it did not have the approval of the District Level Committee. The appellate authority has disposed of the appeal of the petitioner remitting the matter to the licensing authority to consider the case of the petitioner for licence if he fulfils the criteria. 4. This issue has earlier been deliberated before this Court in CWJC No.14525 of 2008 (Ravi Shankar Mishra vs. The State of Bihar) when a Bench of this Court taking note of the provisions of ‘the Unification Order’ under which the licence was granted and which did not have any such stipulation of approval by the District Level Committee rather which condition was introduced under the Bihar Fair Price Shop Order 2007 w.e.f. 20.2.2007, was pleased to quash the order cancelling licence as well as the appellate order vide order passed on 4.11.2011 and the order of the learned Single Judge was affirmed by the Division Bench in L.P.A. No.292 of 2013 (The State of Bihar vs. Ravi Shankar Mishra) preferred by the State of Bihar which was dismissed on 14.3.2013. The two orders are on record as Annexures 6 and 7 respectively. 5. The two orders are on record as Annexures 6 and 7 respectively. 5. Despite the legal position on the issue having been settled by this Court, yet a counter affidavit has been filed today relying upon some circular of the department dated 31.8.2006 which provided for approval of the District Level Committee. 6. The provisions of ‘the Unification Order’ vested powers in the Sub-Divisional Officer to grant licence and there is nothing on record to show that there was any requirement to obtain concurrence of the District Level Committee. Thus where the statutory provisions itself did not contain any such stipulation, the attempt by the State relying upon a departmental circular cannot vary the situation. In any event once the issue stands settled by this Court, the stand taken is only a reflection of ignorance. 7. For the reasons discussed above, the orders impugned as contained in Annexures 1 and 2 are held unsustainable and are accordingly set aside. 8. The writ petition is allowed and the licence of the petitioner stands restored.