IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.4963 OF 2009 BIRENDRA SHARMA, SON OF LATE AMBIKA PRASAD SINGH, RESIDENT OF VILLAGE AND POST OFFICE DARIYAPUR, POLICE STATION ATARI, DISTRICT GAYA VERSUS 1. THE STATE OF BIHAR 2. THE SUB DIVISIONAL OFFICER, MIMCHAK BATHANI AT KHIJARSARAI, DISTRICT GAYA 3. AWADHESH KUMAR, SON OF LATE AMBIKA PRASAD, RESIDENT OF VILLAGE AND POST OFFICE DARIYAPUR, POLICE STATION ATARI, DISTRICT GAYA ************ 7 21/10/2011 The writ petitioner is aggrieved by the order issued on 21st September, 2008 changing the area of operation of the petitioner for the purpose of distribution of food items from Muzaffar to Dariyapur. It is submitted that earlier the petitioner was granted license and his area of operation has been described as Muzaffar whereas the area of operation of respondent no. 3 has been described as Dariyapur. Counter affidavits have been filed on behalf of private respondent no. 3 and the State. In both the counter affidavits, it is stated that there was representation from the villagers which has been considered by the Sub Divisional Officer and in order to facilitate smooth distribution of food items, this change has been made with respect to the distribution of food items. This writ application was filed in the year 2 2009, two years have passed. There is no order of stay and both the parties must be operating in their respective areas. This Court observes that it is indeed whimsical on behalf of the Sub Divisional Officer, Nimchak Bathani at Khijarsarai to change the area of operation. The reasons given in the counter affidavit appear to be unsatisfactory inasmuch as the enquiry report etc. is not annexed with the counter affidavit. However, it would not be proper to disturb the allotment at this stage since both the parties must be operating in the respective areas allotted to them. This writ application is thus disposed of. Anand ( Sheema Ali Khan, J.)