IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13280 of 2008 1. Kundan Kumar son of Late Sharawan Kumar, 2. Gopal jee son of late Gaya Prasad, Both residents of Mohalla:-Sahebganj Ward no.22, P.O.- Chapra, P.S.-Chapra, Town, District-Saran. …..Petitioners. Versus 1. The State of Bihar through Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna. 2. The Collector, Saran, Chapra. 3. The Sub-divisional Officer, Sadar Chapra. 4. The District Supply Officer, Sadar Chapra. 5. The Supply Inspector, Sadar Chapra. ….Respondents. ----------- For the petitioners : Mr. M.N.Parbat, Advocate. Mr. Mrityunjay Kumar, Advocate. For the respondents : Mr. Satyadeo Kumar, Standing Counsel-12. ----- 03/ 06.07.2010 Heard learned counsel for the petitioners and learned counsel for the respondents. This writ petition has been filed by the petitioners challenging order dated 25.06.2008 (Annexure-5) by which the learned Sub-divisional Officer, Sadar Chapra, deleted the name of petitioner no.1 from P.D.S. Licence no.76 of 1985 which stood in the name of both the petitioners for running fair price shop at Ward no.22 in Mohalla- Sahebganj within the town and district- Chapra. The simple claim of the petitioners is that the said licence was continuing in the name of both the petitioners since long and all of a sudden without any prior notice and information to the petitioners order dated 25.06.2008 (Annexure-5) has been - 2 - passed by the Sub-divisional officer, Sadar, Chapra deleting the name of petitioner no.1. Against the said order, the petitioners have filed a representation before the Sub-divisional Officer, Sadar Chapra, but no order has been passed on that representation till date. On the other hand, learned counsel for the respondents vehemently opposes the contention of learned counsel for the petitioners and submits that the licence was granted only in the name of petitioner no.2, but the name of petitioner no.1 was subsequently added, although it was not legal and proper. However, this was done by the authority concerned himself and hence before passing any such order at least some notice should have been given to the petitioners. In the aforesaid facts and circumstances, the aforesaid order dated 25.06.2008 (Annexure-5) passed by the Sub-divisional Officer, Sadar, Chapra is hereby quashed. However, the said officer (respondent no.3) may initiate a fresh proceeding and pass appropriate orders after due notice to the petitioners. With the aforesaid direction/ observation, this writ petition is disposed of. Sunil (S. N. Hussain, J.)