IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5534 of 2006 MD.GULAM GOUSH, SON OF LATE KAMRUDDIN, RESIDENT OF VILLAGE- ASTHAWAN, P.S.- CHEWARA, DISTRICT- SHEIKHPURA :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, FOOD, SUPPLY AND COMMERCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE COLLECTOR, SHEIKHPURA, DISTT. SHEIKHPURA. 3. THE SUB DIVISIONAL OFFICER, SHEIKHPURA, 4. DISTRICT SUPPLY OFFICER, SHEIKHPURA. 5. BLOCK SUPPLY OFFICER, CHEWARA, P.S.- CHEWARA, DISTRICT- SHEIKHPURA. 6. BLOCK SUPPLY OFFICER, ARIARI, P.S.- ARIARI, DISTRICT- SHEIKHPURA. 7. BLOCK SUPPLY OFFICER, KORMA, P.S. KORMA, DISTRICT- SHEIKHPURA :---RESPONDENTS. ----------- For the petitioner : Mr. Mritunjay Prasad Singh, Advocate. For the State : Mrs. Nutan Sahay, A.C. to S.C.-I. ===== 2. 18.03.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 699 dated 30.12.2005, Annexure-1 passed by the Sub-Divisional Officer, Sheikhpura, whereunder Fair Price Shop Dealing Licence of the petitioner bearing no. 12 of 2004 has been cancelled on the ground that the departmental instructions contained in Letter No. 3874 dated 03.12.2003 has not been followed before grant of the said licence. 3. Fair Price Shop Dealing Licence of the petitioner having been cancelled on the ground of procedural irregularity and not on merit/ground of misconduct, this writ 2 petition is disposed of permitting the petitioner to apply for grant of fresh licence which should be considered in the light of the departmental instruction dated 03.12.2003 or any subsequent instruction including Fair Price Order, 2007 in accordance with law, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. P.K.P. (V.N.Sinha,J.)