IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11861 of 2009 MIR WASIKUR RAHMAN, SON OF MIR MAHFUZUR RAHMAN, RESIDENT OF JOKIHAT, P.S.-JOKIHAT, DISTT.- ARARIA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, ARARIA. 3. THE S.D.O., ARARIA. 4. THE BLOCK SUPPLY OFFICER, ARARIA. ... ... RESPONDENTS. ----------- For the petitioner : M/S N.K. Agarwal,Sr.Adv. Sanjay Kumar Sharma,Adv. D.N. Tiwari,Adv. ----------- 3. 5.10.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is a P.D.S. dealer. His license was put under suspension vide order bearing Memo No.122 dated 11.2.2009. Licensing authority namely the Sub Divisional Officer, Araria under order dated 6.3.2009 recommended for revocation of the suspension of the petitioner’s license. The Collector of the district however under order dated 18.7.2009 directed for cancellation of the petitioner’s P.D.S. license. In compliance of the orders the Collector of the district, the Licensing Authority cancelled the petitioner’s license under order dated 5.8.2009. The entire order sheet of the proceeding taken against the petitioner - 2 - before the licensing authority is contained in Annexure-4 to this application. Learned counsel for the petitioner submitted with reference to Sub Clause (5) of Clause-7 of the Fair Price Shop Order, 2007 that the suspension of the license of the P.D.S. dealer could not be for more than 90 days, the Selection Committee after due enquiry should recommend revocation of suspension and the Licensing Authority should act accordingly. In the instant case, the Licensing Authority under order dated 6.3.2009 recommended for revocation of suspension but ignoring such recommendation the Collector of the district who does not have jurisdiction in the matter proceeded to direct the Licensing Authority under order dated 18.7.2009 to cancel the license. In this background, it is submitted that the cancellation of the license of the petitioner under order dated 5.8.2009 is wholly without jurisdiction. 3. The writ petition is being disposed of without giving the State counsel the opportunity to file counter affidavit in - 3 - N.H./ the matter. In the circumstances, I direct the petitioner to file a petition before the District Magistrate, Araria to consider the recall of his order dated 18.7.2009 in compliance whereto the Licensing Authority under order dated 5.8.2009 has cancelled the license of the petitioner. The learned Collector should consider the petition for recall of his order dated 18.7.2009 in view of the provisions contained in Sub Clause (5) of Clause-7 of the Fair Price Shop Order,2007 as also in the light of the order of the single Judge dated 29.4.2009 passed in C.W.J.C. No.5418 of 2009. 4. Let the petitioner annex a copy of the order dated 29.4.2009 passed in C.W.J.C. No.5418 of 2009, with the recall petition, the Collector of the district should consider the recall petition in accordance with law as early as possible in any case within one month from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.) - 4 -