IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11550 of 2008 Md.Tabarak Hussain, Son of Late Irshad Hussain, Resident of Village Chakai, P.O. Chakai, PS Jokihat, District Arariya. ------ Petitioner. Versus 1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2. The District Magistrate, Arariya, District Arariya. 3. The S.D.O., Arariya, District Arariya. ------ Respondents. ----------- 4 8.11.2011 The petitioner is aggrieved by Annexure-1 which is an order passed by the Sub- divisional Officer, Araria cancelling his licence along with the licence of 328 others. The submission on behalf of the petitioner is that the grounds for cancelling the licence of the petitioner do not exist as they take into account the amended Fair Price Shop Order, 2007 (hereinafter referred to as ‘the Order’ which was notified on 20.2.2007, whereas the petitioner was granted his licence in the year 2006 before the implementation of the Order. At the time when the petitioner was granted the licence as a P.D.S. dealer, there was no provision for selection by the District Selection Committee. The order by the Government to form a Committee for the purposes of selecting P.D.S. dealers was enacted on 20.2.2007 and as such, this Court finds that the grounds stated at 2 Annexure-1 are not justified. I accordingly, quash the impugned order as contained in Annexure-1 and remand this matter back to the Sub-divisional Officer, Araria who will take into account the aforesaid facts and consider the case of the petitioner in light of the earlier provisions of the Bihar Trade Articles (Licenses Unification) Order, 1984 and pass appropriate orders within a period of three months on receipt of a copy of this order. The petitioner is directed to produce a copy of this order before the Sub- divisional Officer, Araria within a period of one month on its receipt. This writ application is allowed for the reasons mentioned aforesaid. Sanjay (Sheema Ali Khan, J.)