IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16113 of 2009 1. SUNIL KUMAR S/O LATE SINHESHWAR PRASAD SAHU, R/O VILL MAI, P.O-DARIAPUR, P.S- MUFFASIL, DISTT- MUNGER. VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, MUNGER 3. THE SUB-DIVISIONAL OFFICER, SADAR, MUNGER ----------- For the Petitioner : Mr. N.K. Agrawal, Sr. Adv. Mr. Rajesh Mohan, Adv. Mr. D.N. Tiwari, Adv. For the State : Mr. Anil Kr. Verma, AC to SC-3. -------------- 02 27.04.2010 The petitioner was dealer under the Public Distribution System at Dariyapur in the district of Munger. His licence was cancelled by the Sub Divisional Officer, Sadar, Munger by order dated 16.09.2006. Petitioner filed a writ petition in this Court being C.W.J.C. No.12433 of 2006. The writ petition was heard and disposed of by judgment and order dated 04.07.2008 whereby the order of cancellation of licence was set aside. The licensing authority was given liberty to reinitiate the proceedings. Petitioner avers that the Sub Divisional Officer, who is the licensing authority was aware of the order of this Court passed on 04.07.2008, but he did not restore the licence of the petitioner and till date the petitioner is being treated as a cancelled licensee. Mr. N. K. Agrawal, learned Senior Counsel appearing for the petitioner submits that once an order of cancellation of licence was set aside by this Court, the authority cannot give effect of the cancellation of the licence. It would be deemed in fact and - 2 - in law that the licence was restored till it is subsequently cancelled and/or suspended in accordance with law. Having heard the parties and considered the matter, in my view, Mr. Agrawal is correct. The legal effect of quashing the order of cancellation is, as if no order of cancellation was passed. If no order of cancellation is deemed to have been passed then it would be deemed that the petitioner continues to be a licensee and entitled to all benefits under the licence. The licensing authority or for that matter the district administration cannot act after this Court passed the order and deprived the petitioner of his benefits under the licence. I, therefore, allow the writ petition and direct the Sub Divisional Officer, Sadar, Munger to treat the petitioner as a valid licensee and with all consequential benefits including restoration of allotments in accordance with law till steps are taken to cancel the licence. Trivedi (Navaniti Prasad Singh, J.)