IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8272 of 2007 BABY DEVI W/O LATE MANOJ SHARMA, RAJWARA, ATARI, GAYA Versus 1. THE STATE OF BIHAR 2. SECRETARY CUM COMMISSIONER, FOOD, SUPPLY AND COMMERCE DEPARTMENT, BIHAR. 3. DIST SUPPLY OFFICER, GAYA. 4. SUB DIVISIONAL OFFICER, NIMAK BATHANI, GAYA. 5. BLOCK SUPPLY OFFICER, MOHARA, GAYA. --------- 4 29.10.2009. Heard learned counsel for the parties. Petitioner is wife of late Manoj Kumar Sharma who was licencee of retail PDS dealer bearing Licence no. 2 of 2001 under South Kajur Panchayat in the district of Gaya. He died on 21.4.2006 and a death certificate dated 24.4.2006 was issued by the competent authority contained in annexure 2. A counter affidavit has been filed on behalf of the State stating therein that Government circular dated 14.10.1988 provides transfer of licence of PDS shop on compassionate ground to the heirs/dependants of only those deceased dealers who had run the PDS shop for 8 years continuously. It was further submitted that late Manoj Kumar Sharma was granted licence in the year 2001 and he died in the year 2006. - 2 - As such, late Sharma did not run his PDS shop for 8 years. Thus the petitioner or any of the heirs of late Sharma is not entitled for transfer of licence of PDS shop. A copy of the aforesaid circular has been marked as annexure- A to the counter affidavit. The petitioner, on the other hand, has relied upon annexure- 9 to the suppl affidavit, a State Government notification dated 15.2.2007 issued under the order of Governor of Bihar published in the Official gazette dated 20.2.2007. In aforesaid notification no such condition of holding licence for a minimum period of eight years have been engrafted. Clause 2.5 of the said notification only provides that the successor of the deceased dealer would have to apply for transfer of PDS dealership within two years of death of latter. This Court on 18.8.2008 held that as notification dated 15.2.2007 published in the official gazette on 20.2.2007 being a latter notification will prevail over the earlier circular of the Government. It further appears that the circular dated 14.10.1998 - 3 - bearing letter no. 10/94-5489 is a Government resolution, whereas conditions incorporated in clause 2.5 of notification dated 15.2.2007 issued under the orders of the Governor of Bihar was made under section 3 of the E.C. Act and as such it has a statutory sanction. On this ground also the latter notification dated 15.2.2007 contained in annexure- 9 to the suppl affidavit would prevail over the circular of the Government dated 14.10.1998, contained in annexure- A to the counter affidavit. Sub-clause 2.5 of the notification dated 15.2.1997 does not prescribe any length of period for which the deceased licencee must have run a shop as a condition precedent for transfer of the shop to the heirs consequent to death. Nevertheless, clause 2.5 lays down two eligibility conditions. Firstly, the application for transfer of licence must be made within two years of death of PDS dealer. Secondly, the legal heir or dependents praying for transfer of such licence should obtain no objection from other dependants. It is not in dispute that the petitioner filed an - 4 - application within a month from the date of death of her husband for transfer of licence on compassionate ground. It would also appear that in the enquiry report dated 4.5.2006 of Block Supply Officer, Mohara the petitioner is otherwise also eligible for running the PDS licence. In the back drop of aforesaid decision, this Court finds that the latter notification of the Government under section 3 of the E.C. Act does not contain any precondition that the deceased licencee must have run the shop continuously for length of a particular period consequent to which his heir would become entitled for transfer of licence. In backdrop of aforesaid discussions, I direct the licencing authority to transfer the licence existing in the name of Manoj Kumar Sharma to his wife, who is the petitioner here, subject to her procuring no objections from other legal heirs. The writ petition stands allowed with the aforesaid directions. Shashi. (Samarendra Pratap Singh,J).