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Bibi Nuzhat @ Bibi Nazahat Bano v. The State Of Bihar and Ors.

Patna HC1 Apr 2014CWJC/14007/2013

Case brief

AI extract

What is this about?

The Patna High Court quashed the orders cancelling the petitioner’s fair price shop licence and the subsequent appellate order, directing the respondents to restore the licence or issue a fresh one upon payment of fees.

What did the court decide?

The order cancelling the petitioner's licence and the appellate order dated 12.2.2008 are quashed. Respondents must restore the licence or issue a fresh one in Form-II within four weeks.

Bibi Nuzhat @ Bibi Nazahat Bano Vs The State Of Bihar… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14007 of 2013 ====================================================== Bibi Nuzhat @ Bibi Nazahat Bano Wife Of Md. Musahid Resident Of Village - Majhua, P.S. Jokihat, District - Araria .... .... Petitioner/s Versus 1. The State Of Bihar through the Collector, Araria 2. The Collector, Araria 3. The Sub - Divisional Officer, Araria .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 01-04-2014 Heard Mr. Sanjay Kumar Sharma for the petitioner and Mr. Utsav Kumar AC to GA-11 for the State. A counter affidavit has been filed on behalf of the respondent nos. 2 and 3.

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The petitioner is aggrieved by the order dated 20.12.2007 passed by the Licensing Authority ( respondent no. 3) as contained in Annexure-3 whereby the licence of the petitioner being Licence No. 6J/2006 to run a fair price shop was cancelled. Aggrieved by the said order, the petitioner filed an appeal before the respondent-Collector vide Appeal No. 80 of 2007-08. The same was disposed of by order dated 12.2.2008 (Annexure-4). The order under appeal was not interfered with. However, the appeal was disposed of with an observation that the case of the petitioner should be considered for grant of fresh licence on

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Patna High Court CWJC No.14007 of 2013 (2) dt.01-04-2014

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priority basis in the light of the provisions contained in Public Distribution System (Control) Order, 2001 ( for short „Control Order‟).

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There appears no dispute that the petitioner was issued a licence under the then existing provision i.e. Bihar Trade Articles (Licence Unification) Order, 1984 ( for short „Unification Order, 1984‟). Subsequently the State of Bihar enacted the Control Order providing the procedure for grant of licence. There is no controversy that the said Control Order became effective w.e.f. 20^th of February, 2007 . The licence of the petitioner has been cancelled on the ground that without adopting the procedure laid down in the Control Order, the same was granted. Contention of the petitioner relying on diverse orders passed by this Court including the one passed in CWJC No. 22216 of 2011 is that the provisions contained in the Control Order shall have no impact on the licence which was earlier issued under the Unification Order 1984 . This Court in the said case considering the provisions of the Control Order came to the conclusion that in such cases when licences were issued earlier the authorities were required to issue a fresh licence in Form-II after payment of appropriate fee therefor. It has been contended that the said view of the Court has been approved by a division bench of this Court in LPA No. 292

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Patna High Court CWJC No.14007 of 2013 (2) dt.01-04-2014

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of 2013 (Annexure-6). Several writ petitions raising similar issue including the objections taken in the counter affidavit of the respondent State relying on Annexure-B have been disposed of by this Court. I have an occasion to deal with such matter in CWJC No. 12129 of 2013 and analogous writ petitions, copy whereof has been handed in by counsel for the petitioner which is taken on record and marked „X‟ for identification. This Court, considering the orders passed in different writ petitions raising similar/identical issue, had disposed of the writ petition in the following manner:-

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“Accordingly, the order passed by the Licensing Authority cancelling the licence of the petitioner (as contained in Annexure-3 to the writ application) (and identical orders passed by the respondent Licensing Authority in other writ petitions) as well as the appellate order dated 12.2.2008 passed in Appeal No. 162 of 2007-08 (as contained in Annexure-4) (and the identical orders passed in other writ petitions) are quashed and set aside. The respondents are directed to restore the licence of the petitioner and/or issue fresh licence in Form-II on deposit of appropriate fee within three weeks from the date of receipt/production of a copy of this order.”

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Taking into consideration the aforesaid facts and the

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Patna High Court CWJC No.14007 of 2013 (2) dt.01-04-2014

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submissions of the parties, this Court is satisfied that the present application merits to be disposed of in the terms in which CWJC No. 12129 of 2013 was disposed of, operative part/portion whereof, is extracted hereinabove. Consequently, the order passed by the Licensing Authority (Annexure-3) as well as the appellate order dated 12.2.2008 (Annexure-4) are quashed and set aside. The respondents are directed to restore the licence of the petitioner and/or issue a fresh licence in Form-II on depositing appropriate fee therefor within a period of four weeks from the date of receipt/production of a copy of this order.

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(Kishore Kumar Mandal, J)

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Shyam/-

Bibi Nuzhat @ Bibi Nazahat Bano v. The State Of Bihar and Ors.

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Bibi Nuzhat @ Bibi Nazahat Bano v. The State Of Bihar and Ors.

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