IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5090 of 2008 Satish Paswan, Son of late Rohin Paswan, Resident of Village Mahesh Letti, PS Sajour, District Bhagalpur. ----- Petitioner. Versus 1. The State of Bihar through Secretary-cum-Commissioner, Supply Department, Bihar, Patna. 2. District Magistrate, Bhagalpur. 3. Sub-divisional Officer, Sadar, Bhagalpur. 4. District Supply Officer, Bhagalpur. 5. Block Supply Officer, Sahkund, Bhagalpur. ------ Respondents. ----------- 6 21.10.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. A licence was issued by the Sub-divisional Officer, Sadar, Bhagalpur bearing 1 of 2004 by which it was also ordered that the petitioner should be allotted the items to be distributed in terms of the directions of the Sub-divisional Officer, Sadar, Bhagalpur. In the counter affidavit filed on behalf of the State it is stated that the Secretary of the Department of Food, Supply and Commerce directed that no new licence should be issued vide letter dated 3.12.2003. As a result of this direction, the petitioner could not take the advantage of being granted a licence as a P.D.S. dealer. The petitioner filed a representation which was rejected vide Annexure-1 in which it is stated that since the petitioner could not utilize his licence for several years after it was granted his licence has virtually expired. This letter was issued on 7.11.2007. The letter of the Principal Secretary, Department of Food, Supply and Commerce numbered as 3874 dated 3.12.2003 indicates that P.D.S. dealers would be chosen after constitution of the Bihar level Screening Committee. 2 It is no fault of the petitioner that he having been granted the licence was not allowed to continue with the work of the P.D.S. dealer. It was up to the State authorities to constitute a Screening Committee and consider the grant of licence to the petitioner. I, therefore, direct that the petitioner may apply for a fresh licence, if so advised to the District Magistrate, Bhagalpur who should refer the matter to the District Screening Committee who will take a decision in the matter in accordance with law within a period of four months on receipt of a copy of this order/application forwarded by the District Magistrate, Bhagalpur. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)