IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5518 of 2006 1. OM PRAKASH, SON OF LATE DEV SHARAN SAO 2. RAJENDRA KUMAR, SON OF BABU RAM SAO, BOTH RESIDENTS OF VILLAGE: KAKO, P.O. KAKO P.S: KAKO, DISTRICT: JEHANABAD. Versus 1. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA. 2. THE SECRETARY, DEPARTMENT OF FOOD, SUPPLY & COMMERCE, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, JEHANABAD. 4. THE DISTRICT SUPPLY OFFICER, JEHANABAD. 5. THE SUB. DIVISIONAL OFFICER, JEHANABAD. 6. THE BLOCK MARKETING OFFICER,KAKO, JEHANABAD. ----------- 2. 10.7.2009. Petitioners were valid holders of License No.3/90 and 2/90 as Hawker of kerosene oil in the Kako Block in the district of Jehanabad. License of many of such Hawkers came to be cancelled at the instance of the Minister concerned on the ground that the Hawker’s license had not been granted in accordance with the policy decision of the State that was the immediate provocation for the State authorities to pass orders against all those Hawkers who came to be effected including these petitioners. Some of that decision, the petitioners approached the High Court by filing a writ application or applications and way back in the year 1992 itself vide an order dated 21.5.1992 passed - 2 - in C.W.J.C. No.3967 of 1992, which is the case of Gyanchand Chaudhary vrs. The State of Bihar. The Division Bench of this Court decided the matter by quashing the orders as being devoid of any law. The beneficiary of the order or the orders passed by the High Court has been taken care of. These petitioners were under the impression that the law declared by the High Court in identical situation will cover their case and they waited for the wisdom of the concerned authorities to take a decision. But in true bureaucratic manner except for writing letters at various levels nothing came to be done. The petitioners, therefore were forced to file the writ application seeking a direction that petitioners to be treated in a similar manner, in identical situation. Petitioners have brought to my notice some communication made between the department of Food and Civil Supply and the District Magistrate, Jehanabad. In view of the decision rendered by this Court in the case of Gyanchand Chaudhary, the orders of cancellation passed - 3 - N.H./ against these two petitioners shall also be set aside. This writ application stands allowed with the above direction. ( Ajay Kumar Tripathi,J.)