IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8476 of 2008 Randhir Kumar Paswan, S/o Late Sheo Lal Paswan, R/o Village- Akhtiyarpur, P.S.-Alipur, District- Gaya(Bihar). ……… Petitioner. Versus 1. The State Of Bihar. 2. The Principal Secretary, Good & Civil Supply Department, Bihar. 3. The Commissioner, Magadh Division, Gaya. 4. The District Magistrate, Gaya. 5. The Sub-Divisional Officer, Tekari, Gaya. 6. The District Supply Officer, Gaya. 7. The Block Supply Officer, Tekari, Gaya. …….. Respondents. For the petitioner : Mr. Ranjee Tiwari, Advocate. For the State : Mr. Yogendra Kr. Singh, AC to SC-VI. ----------- 2. 22.11.2010 1. Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for directing respondents to renew his Fair Price Shop Licence No. 23/1992 under Public Distribution System and for other ancillary reliefs. 3. It is not in dispute that the aforesaid licence was granted to the petitioner in the year 1992 and he deposited licence fee up till the year 2000 and his shop was running in accordance with law without any objection from any quarter. 4. Learned counsel for the petitioner submits that in the year 2000, the petitioner became mentally ill and did not deposit any licence renewal fee in the subsequent years and hence, his licence was cancelled. It is also stated that his ailment was cured in the year 2007, for which he has produced a certificate of doctor, whereafter he approached Janta Darbar of the Chief Minister and on 2 the specific direction of the higher authorities, the District Supply Officer, Gaya (Respondent no. 6) passed his order dated 21.2.2007 (Annexure-5) holding that since the licence of the petitioner has been cancelled due to non submission of licence renewal fees after 2000, it can be renewed only after an order is passed by the relevant court/authority. 5. It is also stated by learned counsel for the petitioner that he filed an application dated 08.06.2007(Annexure-3) before the Divisional Commissioner, Magadh Division, Gaya (Respondent No. 3) for the renewal of his fair price shop licence and on that application the said Divisional Commissioner issued letter dated 11.06.2007 (Annexure-4) to the Sub Divisional Officer, Tekari, Gaya directing him to look into the application on all the issues and if it is allowable in law proceeding for renewal of the petitioner’s licence can be initiated after directing him to deposit the late fees. The grievance of the petitioner is that after the said order of the Commissioner, no step has been taken by the authorities concerned in that regard. 6. Considering the entire facts and circumstances of this case, this writ petition is allowed and the petitioner is directed to file a fresh application before the Sub Divisional Officer, Tekari, Gaya (Respondent no. 5) within 15 days from today along with a copy of this order as well as a copy of letter of the Divisional Commissioner dated 11.06.2007. If such an application is filed by the petitioner, the Sub Divisional Officer, Tekari, Gaya shall 3 consider the same in the light of the specific provisions of law and shall dispose it of on its own merits expeditiously preferably within a period of two months from the date of receipt/production of a copy of this order. 7. It may be noted that this court is not giving any finding with regard to the merit or otherwise of the claim of the petitioner and the entire matter including the certificate and ailment of the petitioner shall be looked into by the said authority and if the petitioner is really found to be ailing for the aforesaid period, his matter may be considered sympathetically. Sujit (S.N.Hussain,J.)