IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.497 of 2007 MANZOOR ALAM Versus THE STATE OF BIHAR & ORS ----------- 3 10.11.2009 The petitioner is aggrieved by order dated 24.7.2003 passed by the Licensing authority cum Subdivisional Officer, Gopalganj, contained in Annexure-3, by which he cancelled the licence of the petitioner. It appears that being aggrieved by the aforesaid order, the petitioner filed an appeal which was dismissed for non-prosecution. Thereafter, the petitioner filed another appeal, contained in Annexure-5, before the Collector, Gopalganj on 6.9.2005 The petitioner submits that he was granted licence in the year 1997. The State Government in the Department of Food and Civil Supplies provided for 24% reservation for the SC/ST as back as in the year 1994. The petitioner states that as he was granted licence in the year 1997 it would be deemed that the State functionary after considering the reservation policy had granted him licence and it cannot be altered on this account. In support of his contention, learned counsel has relied upon a decision of this court dated 27.2.2006 passed in C.W.J.C.No.13972 of 2005. Learned counsel further submits that the authorities have not even examined whether before passing the impugned order they were satisfied that 24% quota was maintained at the 2 KHAN relevant time. Further more, it is also to be borne in mind that in case the aforesaid quota is not maintained then the persons of general side who have been granted licence may have to go after affording him a show cause. Counsel for the State submits that the grant of licence to the petitioner was in teeth of the government directives regarding quota provided for the SC/ST. As the appeal of the petitioner is pending before the Collector, Gopalganj, this court does not want to go into the merit of this case at this stage. In the circumstances, the matter is remitted back to the Collector, Gopalganj, who will dispose of the appeal, contained in Anenxure-5, by a speaking order preferably within four months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)