IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10217 of 2008 Ashok Kumar Patel, son of Late Yadunath Prasad, resident of village Barwat Pasrayan, P.S. Betia Town, District West Champaran (Betia)…………………………………..Petitioner. Versus 1. The State of Bihar through the Secretary Food and Consumer Protection Department, Old Secretariat, Patna. 2. The District Magistrate, West Champaran, District West Champran (Betia). 3. The Sub-Divisional Officer, Betia Sadar, District West Champaran (Betia)……………………………...Respondents. For the petitioner : Mr. Rajeev Kumar Labh, Advocate. For the State : M/s Mahesh Prasad, SC-8 and Archana Prasad, AC to SC-8 ----------- 04/ 03.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner challenging order dated 23.01.2008 passed by the Collector, West Champaran dismissing Appeal No. C.R.M. 01/07-08 filed by the petitioner challenging order dated 05.06.2006 (Annexure-8 series) by which the Sub-Divisional Officer, Bettiah cancelled petitioner’s Licence of Fair Price Shop under Public Distribution System bearing Licence No.01/90. Learned counsel for the petitioner submits that earlier petitioner’s licence was cancelled by the Sub-Divisional Officer, Bettiah vide order dated 02.05.2005 (Annexure-8) against which petitioner filed C.W.J.C. No.7392 of 2005 which was disposed of by a Bench of this court on 26.03.2007 (Annexure-9). Hence, the impugned orders of the authorities dated 23.01.2008 (Annexure-1) and 2 05.06.2006 (Annexure 8 series) are not sustainable in law. Considering the facts and circumstances of the case, it is quite apparent that earlier the petitioner’s aforesaid licence was cancelled by the Sub-Divisional Officer, Bettiah as far back as on 02.05.2005 (Annexure-8) which order was affirmed by this court vide order dated 26.03.2007 (Annexure-9) by which C.W.J.C. No.7392 of 2005 was dismissed with a liberty to the petitioner to move before the appellate authority. But the petitioner did not avail the said opportunity and did not file any appeal as per the direction of this court against order dated 02.05.2005 (Annexure-8) passed by the Sub- Divisional Officer, Bettiah cancelling the petitioner’s licence, which had attained finality. In the said circumstances, there was no occasion for any subsequent order. In the light of the aforesaid discussions, the impugned order dated 23.01.2008 (Annexure-1) passed by the Collector, West Champaran as well as order dated 05.06.2006 (Annexure-8 series) passed by the Sub-Divisional Officer, Bettiah are hereby quashed, as the earlier order of Sub-Divisional Officer, Bettiah cancelling the petitioner’s licence vide order dated 02.05.2005 (Annexure-8) had attained finality and the petitioner’s licence was already cancelled much earlier and there is no need for its re-cancellation. Accordingly, this writ petition is disposed of. harish (S.N. Hussain, J.)