IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1197 of 2009 1. Madan Sah S/o Late Keshwar Sah 2. Ram Sakal Sah s/o Late Asarafi Sah 3. Sunil Kumar S/o Late Makeshwar Pandit 4. Devendra Bhagat s/o Late Ram Chandra Bhagat 5. Dinesh Kumar Sah s/o Late Janaki Sah 6. Lalti Devi w/o Shambhu Chaudhary All residents of village + P. O. Chak Majahid, P. S. Mahua District- Vaishali. 7. Uma Nath Jha s/o Late Ram Bahadur Jha. Village Harpur Osti P. O.+ P. S. Mahua District- Vaishali. 8. Mina Devi w/o Bahadur Singh Village Sankarpur, P.O. + P. S. Mahua, District- Vaishali. Appellants Versus 1. The State Of Bihar 2. The District Magistrate, Vaishali Respondent/Respondent in connected writ 3. Regional Deputy Director, Health Service, Tirhut Commissonery, Muzaffapur. 4. Civil Surgeon-cum- Chief Medical Officer, Vaishali. 5. S.D.O. Mahua District- Vaishali 6. The Officer-in-Charge P. S. Mahua District Vaishali 7. The Block Health Inspector Mahua, Vaishali Official respondents 8. Md. Zakir s/o Late Md. Abdul @ Qayyum 9. Md. Isha @ Quraishi s/o late Md. Subhan 10. Md. Ishaque s/o Late Md. Bihari Miyan 8 to 10 are resident of village + P O. Chak Majahid, P. S. Mahua, District- Vaishali. 11. Rasool Bux s/o Md. Haji Nathuni Resident of Chak Nizam P. O. + P. S. Mahua District- Vaishali 12. Md. Salahuddin s/o Md. Idrish 13. Md. Yaqub s/o Late Md. Ghafoor Both resident of village + P. O. Mahua Mukundpur Mahua District- Vaishali. .. Respondents. ----------- 5. 25.03.2010 I. A. No. 6107 of 2009. This is an application under Chapter XXI C 2 rule 5 of the Patna High Court Rules for grant of leave to them to be impleaded in the category of appellants. Heard Mr. Damodar Prasad Tiwary, learned counsel for the appellants. To appreciate the said application, we have perused the order dated 18.2.2009 passed by learned single Judge in CWJC No. 1211 of 2009. On a perusal of the same, it transpires that the writ petitioners had called in question the legal sustainability of the order passed by Civil Surgeon-cum-Chief Medical Officer granting licences under the provision of Prevention of Food Adulteration Act . Learned single Judge has referred to various provisions of Bihar Municipal Act 2007 and Prevention of Food Adulteration Act and thereafter came to hold as under:- “….In my view, looking at the order of the Civil Surgeon-cum- Chief Medical Officer, it is apparent that for the fault of the Basic Health Worker, petitioners’ Prevention of Food Adulteration Act licenses have been cancelled. The Regional Deputy Director rightly held that for the fault of Basic Health Worker, who was supposed to know the law, the petitioners cannot suffer. That view is the correct view. 3 Therefore, I set aside the order of the Civil Surgeon-cum- Chief Medical Officer dated 20.7.2008 as contained in Annexure-1 in respect of the petitioners who are six in number and direct that their licenses under the Prevention of Food Adulteration Act be renewed in accordance with law….” In our considered opinion, the present applicants who claim to be social activists or workers cannot put forth a claim solely on the ground that they had entered into an agreement with the writ petitioners. Grant of licence is a statutory right. If the same has been cancelled, they would be entitled to challenge the same under law. Needless to say if the functionaries of the State are aggrieved, they can prefer an appeal but not a third party. In view of the aforesaid, we reject the application and accordingly the appeal also has to pave the path of extinction. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)