IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.89 of 2010 AWADHESH KUMAR SINGH, SON OF LATE RAM SWARUP SINGH, RESIDENT OF VILLAGE- PATKHAULIYA, PANCHAYAT SIRSAMAL, P.S. MOTIHARI (MUFFASIL), DISTRICT- EAST CHAMPARAN. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD SUPPLY AND COMMERCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 3. THE DISTRICT MAGISTRATE, EAST CHAMPARAN AT MOTIHARI. 4. THE SUB-DIVISIONAL OFFICER, SADAR, MOTIHARI DISTRICT- EAST CHAMPARAN. 5. THE BLOCK DEVELOPMENT OFFICER, BLOCK OFFICE, MOTIHARI, EAST CHAMPARAN. 6. THE SUPPLY INSPECTOR-CUM-BLOCK SUPPLY OFFICER, BLOCK OFFICE, MOTIHARI, DISTRICT- EAST CHAMPARAN. 7. THE SUPPLY INSPECTOR-CUM-BLOCK SUPPLY OFFICER, BLOCK OFFICE PIPRA, KOTHI, DISTRICT- EAST CHAMPARAN. 8. THE SARPANCH, PANCHAYAT SIRSAMAL, P.S. MOTIHARI MUFFASIL, DISTRICT- EAST CHAMPARAN. .. RESPONDENTS. ----------- 2. 28.02.2011 Heard learned counsel for the petitioner and the State. 2. The submission on behalf of the petitioner is that the original order of the S.D.O. cancelling the PDS license on 14.3.2008 is not in accord with Rule-7 of the Fair Price Shop Order-2007 framed by the State of Bihar on 20.2.2007 under the Public Distribution System 2 (Control) Order-2001. The proposal for cancellation of the license had to be placed before the District Level Selection Committee under Rule-7 Sub-clause-V who shall then have made a recommendation. The S.D.O. could not arrogate unto himself the powers of the District Level Selection Committee. The appellate order dated 23.10.2009 therefore also becomes unsustainable. 3. Counsel for the State submits that the orders may be set aside and the issue of cancellation be remanded to the District Level Selection Committee for decision in accordance with law. 4. This shall not result in reinstatement of the dealership. The orders dated 14.3.2008 and 23.10.2009 are set aside. The matter is remanded to the District Level Selection Committee. The status of the petitioner shall abide by such fresh decision. Let a final decision on the license of the petitioner be taken, in the aforesaid manner within a maximum period of three months from the date of receipt/ production of a copy of this order. 5. The application stands allowed. Ibrar/ ( Navin Sinha, J.)