IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18691 of 2008 Rakesh Kumar, son of Late Chitrakot Sah, Mohalla Thakiurbari, PS Motihari Town, Dist. East Champaran – Petitioner. Vs. 1) The State of Bihar, 2) The Divisional Commissioner, Muzaffarpur. 3) The Dist. Magistrate cum Collector, East Champaran, Motihari. 4) The Subdivisional Officer cum Licensing Authority, Sadar, Motihari. 5) The Dist. Supply Officer, East Champaran, Motihari – Respondents. 5 19.9.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has prayed that his licence as a Thela Vendor of kerosene oil should be renewed as it has been wrongly cancelled some time in the year 1999 by the Subdivisional Officer, East Champaran. The petitioner being aggrieved by the action of the Subdivisional Officer had moved this court in CWJC No. 3319/1999. This court directed that the petitioner should file an appeal before the Commissioner, Tirhut Division, Muzaffarpur. Four appeals were filed by aggrieved persons after a delay which was condoned by the Commissioner. On 27.9.2006 vide Annexure 1 the Commissioner came to the conclusion that the cancellation of licence of Thela vendor was not in accordance with law and, therefore, directed the Subdivisional Officer to pass appropriate order. Counsel for the State has filed two counter affidavits stating therein that the licence of the petitioner was renewed up to 2006 but since the petitioner did not deposit the statutory 2 renewal fee, the petitioner would not be entitled for extension of licence as a Thela vendor. In support of his contention the State counsel refers to Annexure R/1 series. There is an order at page 8 of Annexure R/1 series which indicates that the licence of the petitioner had been renewed subject to payment of renewal fee. This order is in the file. There is no indication in the counter affidavit that this order of renewal of licence as a Thela vendor was ever communicated to the petitioner. Considering the fact that the Subdivisional Officer had found that the petitioner was entitled for a licence as a Thela vendor of kerosene oil, I direct that the Subdivisional Officer Sadar, Motihari should renew the licence of the petitioner subject to payment of renewal fee and other conditions within a period of four months from the date of receipt of a copy of this order. It is made clear that the renewal fee should be charged from the date on which it is issued. The petitioner is directed to produce a copy of this order along with an application for renewal of the licence and the required fee within a period of six weeks of receipt of a copy of this order. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)