IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10472 of 2008 Karamchand Jaiswal, son of Late Pannalal Jaiswal, resident of Mohalla- West Bhagwan Bazar Ward No.9, P.O. Bhagwan Bazar, P.S.- Bhagwan Bazar, District-Saran. …..Petitioner. Versus 1. The State of Bihar through Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna. 2. The Collector, Saran, Chapra. 3. The Sub-divisional Officer, Sadar Chapra. 4. The District Supply Officer, Sadar Chapra. 5. The Supply Inspector, Sadar Chapra. 6. Hiralal Jaiswal son of Late Sheojee Jaiswal, resident of Mohalla- Sheo Bazar, P.O.-Bhagwan Bazar, P.S.- Bhagwan Bazar, District- Saran. ….Respondents. ----------- For the petitioners : Mr. M.N.Parbat, Advocate. Mr. Mrityunjay Kumar, Advocate. For the respondents : Mr. Shashi Bhushan Kumar, Standing Counsel-16. ----- 03/ 06.07.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. This writ petition has been filed by the petitioner challenging order dated 25.06.2008 (Annexure-3) by which the learned Sub-divisional Officer, Sadar Chapra, deleted the name of the petitioner from P.D.S. Licence no.36 of 1985 which stood in the names of the petitioner and respondent no.6 Hiralal Jaiswal for running fair price shop at ward no.19 in Mohalla- Bhagwan Bazar, within the town and district- Chapra. The simple claim of the petitioner is that the said licence was continuing in the name of the petitioner and - 2 - respondent no.6 since long and all of a sudden without any prior notice and information to the petitioner order dated 25.06.2008 (Annexure-3) has been passed by the Sub-divisional officer, Sadar, Chapra deleting the name of petitioner. Against the said order, the petitioner has filed a representation before the Sub-divisional Officer, Sadar Chapra, but no order has been passed on that representation till date. On the other hand, learned counsel for the respondents vehemently opposes the contention of learned counsel for the petitioner and submits that the licence was granted only in the name of the petitioner, but the name of respondent no.6 was subsequently added, although it was not legal and proper. However, this was done by the authority concerned himself and hence before passing any such order at least some notice should have been given to the petitioner. In the aforesaid facts and circumstances, the aforesaid order dated 25.06.2008 (Annexure-3) passed by the Sub-divisional Officer, Sadar, Chapra is hereby quashed. However, the said officer (respondent no.3) may initiate a fresh proceeding and pass appropriate orders after due notice to the petitioner. With the aforesaid direction/ observation, this writ petition is disposed of. Sunil (S. N. Hussain, J.)