IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7447 OF 2008 ANJANI KUMAR, SON OF BRADAR SINGH, RESIDENT OF VILLAGE GURMAH, POLICE STATION NAWADA, DISTRICT NAWADA VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE –CUM- COLLECTOR, NAWADA 3. THE SUB DIVISIONAL OFFICER, SADAR, NAWADA 4. AMRENDRA KUMAR DEEPAK, BLOCK SUPPLY OFFICER, WARISALIGANJ, DISTRICT NAWADA ********* 3 21/10/2011 Heard Counsel for the petitioner and the State. The petitioner was a licensee under the Public Distribution System System and was granted the license to distribute Kerosene Oil allotted to him by the State Government to the villagers. The license of the petitioner was revoked by the Sub Divisional Officer vide Annexure- 4 to the writ application. The petitioner challenged the order of revocation by filing an appeal before the Collector. The order of the Collector is contained in Annexure-5. The Collector vide Annexure-5 dated 03.05.2007 quashed the order contained in Annexure-4 and remanded the matter back to the Sub Divisional Officer to decide the issues concerned after looking into the relevant registers and the enquiry report. The petitioner has annexed to the writ application Annexure-6 which is the enquiry report. According to the enquiry report dated 13.08.2007 issued 2 vide letter no. 146 to the Sub Divisional Officer by the Block Development Officer, the petitioner received 2460 lts. Of Kerosene Oil, which he has distributed to the different persons. It has been mentioned in the enquiry report that the receivers of the oil had signed on the register, which was further countersigned by the Mukhiya, the Up-Mukhiya and the Panchayat Samiti Members. Counsel for the State, on the other hand, submits that the petitioner was to submit the distribution register. It appears that the enquiry report already contains the contents of the distribution register. In any event, the Sub Divisional Officer ought not to have sat over the matter for the period of three years by passing no orders whatsoever after the order of remand by the Collector. I accordingly direct that the Sub Divisional Officer, Nawada-respondent no. 3 should consider the enquiry report as contained in Annexure-6 dated 13.08.2007. The petitioner should produce the distribution register and after verifying that the distribution registers contains the facts as mentioned in the enquiry report, pass an appropriate order within a period of three months from the date of receipt/production of a copy of 3 this order. If the Sub Divisional Officer, Nawada comes to the conclusion that there is no discrepancies between the distribution register and the statement contained in the enquiry report, he would be bound to restore the license of the petitioner. The petitioner is directed to produce a copy of this order before the Sub Divisional Officer, Nawada within a period of one month from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)