IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4417 of 2009 1. NAND LAL RAI s/o Sri Rameshwar Rai, resident of village- Sarari,P.S. Madhopur,District- Samastipur. 2. Gauri Shankar Prasad Rai s/o Sri Siyaram Rai, resident of village- Gairmohan pur,Block- Mohanpur, P.S. Mohanpur, District- Samastipur. Versus 1. THE STATE OF BIHAR through Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar,Patna. 2. The District Magistrate, Samastipur. 3. The Sub-divisional Officer, Patori, Samastipur. 4. The District Supply Officer, Samastipur. 5. The Block Supply Officer, Mohanpur,Samastipur. ----------- 2 18.12.2009 Petitioners had licenses under the Bihar Trade Articles (Licenses Unification) Order, 1984 being Licence nos. 1 of 2000 and 2 of 2000 respectively. As they were dealers under the Public Distribution System, their licenses are being renewed upto date by order of the Subdivisional Officer concerned, who is the licensing authority but it appears that in the year 2000, their agreements were terminated without any fault on their part and without any steps taken to terminate the licenses , which could not have been cancelled, as the petitioners had committed no contravention on terms and conditions thereof. Petitioners as such state that after the State Government issued Public Distribution System (Control) Order,2001, petitioners should have been consequently granted licenses thereof. and seek supply of goods but that has not yet been done though renewal fee has been deposited and accepted year after year. The prayer is for a direction to the licensing authority to pass order in this regard, so that the petitioner may use licenses, so granted to them. 2 From the pleadings, it is clear that the licenses, which were issued under the Unification Order have neither been suspended nor cancelled nor is there any allegation against the petitioners or having violated the terms and conditions of the license or any agreement in respect thereof. License is not an empty formality. It can only be used if allotments are made .Petitioners’ licenses having valid, there cannot be any question of not allotting them any goods thereunder. Be that as it may, I direct the Subdivisional Officer, Patori, Samastipur, who is the licensing authority to take a decision in the matter and pass final order within one month from the date of production of a copy of this order before him in respect of two petitioners. This application thus stands disposed of. Singh (Navaniti Prasad Singh, J.)