IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11500 of 2005 1. Baidyanath Kumar Shahni, S/o late Gita Shahni, Resident of Village Khas Tabhka, P.O. Narhan, P.S. Bibhutipur, District Samastipur. 2. Kedar Shah, S/o late Baooye Lal Shah, Resident of Village & Post Gopalpur, P.S. Kalyanpur, District Samastipur. 3. Mahdeo Shah, S/o late Gobardhan Shah, Resident of Village & P.O. Singhiakhurd, P.S. & District Samastipur. 4. Shanti Devi, W/o late Pramod Mandal, Resident of Vill., P.O. & P.S. Rossera, Ward No.7, Rossra, District Samastipur. Petitioners Versus 1. The State of Bihar thrugh the Secretary, Department of Commerce, Food & Civil Supplies, Government of Bihar, Patna. 2. The District Magistrate, Samastipur. 3. The District Supply Officer, Samastipur. 4. The Sub Divisional Officer, Samastipur. ----------- 3 17/4/2009 Heard Mr. S.D.Sanjay, learned counsel for the petitioners. No one appears for the State. In this writ application four petitioners, namely, Baidyanath Kumar Shahni, Kedar Shah, Mahadeo Shah and Shanti Devi had made prayer to the following effect:- (i)For a direction to the Respondents for issuing approval for grant of license as Thela Vendor to the petitioners under the provisions of Bihar Trade Articles (License Unification) order, 1984 (hereinafter referred to as Unification Order) on compassionate ground, in view of the Government’s policy reflected by Circle Letter No. 3657 dt. 19.9.1996; (ii)For a direction to the Respondents not to withhold the permission for issuance of License to the petitioners as 2 Kerosene Oil (Thela Vendor) as the petitioners have been found to be eligible for being appointed as Thela Vendor; and for any other relief(s) for which the petitioner may legally be found entitled to in the facts and circumstances of the present case. Mr. Sanjay would submit that there is already a government decision dated 19.9.1996 (Annexure-1), whereby and whereunder, it has been decided as a matter of policy that upon death of Thela Vendor having licensee under the unification order, his heir/dependant would be granted such license in place of the deceased licensee with the approval of the State Government. Mr. Sanjay has further invited attention of this Court that the case of the petitioner were thereafter also considered by the State Government and a decision has already been taken and communicated on 11th September, 1999 (Annexure-9) for grant of such license in the name of the petitioners. The said order of the State Government dated 11th September, 1999 in fact had only envisaged that formal order for issuance of licenses had to be issued after 3 completing the election process of Lok Sabha (1999 Lok Sabha Election). Mr. Sanjay has pointed out that not only 1999 Lok Sabha election was over but even the next two elections i.e. 2004 and 2009 have taken place and yet the Government decision in the order dated 11th September, 1999 has not been implemented. This case was filed on 12.9.2005 and was listed for the first time on 3.3.2009 and as usual counsel for the State had prayed for time for filing counter affidavit. No counter affidavit has been filed till dated and in fact today counsel for the State has not appeared. This Court therefore cannot wait endlessly for the State Government and its counsel. There being no dispute on the facts as recorded above that a Government policy exists for grant of license on compassionate ground and the case of petitioner no.4 was also approved for grant of such license. In that view of the matter, this Court would direct the competent authority to take final a 4 decision for grant of license within a period of three months from the date of receipt/production of a copy of this order. Whatever has to be done for issuance of license including obtaining approval of the State Government must be completed in the aforementioned period and final decision taken must be communicated to the petitioner within the aforementioned period of three months, to be reckoned from the date of receipt/production of a copy of this order. The application stands disposed of with the aforementioned direction and observation. (Mihir Kumar Jha, J.) Abhay Kumar