HIGH COURT OF THE CHHATTISGARH AT BILASPUR W.P. [c1 No. 159 of 201 1 PETITIONER Kanhaiya S/ o Ajit Singh aged about 22 years, R/o near Teen Darshan Mandir Camp— 1 Bhilai Tehsil and District Durg (C.G.) Versus RESPONDENTS 1 State of Chhattisgarh Through:- Secretary Department of Food, Civil Supplies and Consumer . Protection Department Mantralaya, D.K.S. Bhavan Raipur h Food Offlcer (independent charge) Food Civil Supplies and Consumer ‘ Protection Department Raipur, District Raipur (C.G.) Writ Petition under Article 226 of the Constitution of India Appearance: Mr. Uttam Pandey and Mr. B.L. Sahu, Advocates for the petitioner. Mr. Shashank Thakur, Panel Lawyer fol the State/respondents. ORAL ORDER (19.01.2011} SUNIL KUMAR SINHA, J. Heard. Petitioner- Kanhaiya is son of late Ajit Singh. Petitioner’s father late Ajit Singh was a kerosene-hawker as he was granted licence by the competent authority in this regard. He was allotted card No. 396 in the year 1997. His card was cancelled. Against the cancellation order, he preferred an appeal. According to the . .. .. ............. 2 W.P.(C). No. 159 of2011 925 petitioner, statement of his father was also recorded on 22.9.2009, but before passing of final order in the appeal, the petitioner’s father expired, therefore, the appeal could not be decided. It appears that thereafter the petitioner tiled a representation (Anncmrc-P/a) and prayed for issuance of kerosene—hawker licence to him referring to the earlier licence granted in favour of his father. Mr. Uttam Pandey and Mr. B.L. Sahu, learned counsel appearing on behalf of the petitioner, submit that though the representation was filed in the month of November, 2009, but no decision has been taken in this regard. Therefore, the petitioner has filed thiswvrit petition for issuance of a direction to dispose of his pending representation dated 20.1 1.2009 (Annexure-P/3) ,within the stipulated period granted by this Court. Mr. Shanshak Thakur, learned Panel Lawyer appearing on behalf of the State/respondents, referring to the circular dated 16th of January, 1999, argues that the above circular was issued by the erstwhile State of Madhya Pradesh and the contents of the circular are being followed by the State of Chhattisgarh also. He submits that the petitioner may be directed to file a fresh application for grant of kerosene—hawker licence to the concerned authority and he may also attach the copy of the representation (Annexure-P/3) along with the said application and the application filed by the petitioner for grant of hawker licence shall be disposed of in accordance with directions contained in circular dated 16th of January, 1999 as also in accordance with the provisions of Rules framed in this regard. Considering the facts and circumstances of the case, I deem it appropriate to dispose of this writ petition with the direction that if so advised, the petitioner may flle a fresh application in the prescribed proforma, if any, for grant of hawker licence within a period of one month from today before the concerned authority . and if such an application is filed, the concemed authority shall dispose of the same as early as possible preferably within a /\f t 3 W.P.(CL N0. 159 of2011 period of 3 months from the date of filing of the said application before such authority. It is observed that the concerned authority , shall take into consideration that the petitioner’s father was granted licence, which was cancelled and the appeal tiled by the petitioner’s father was pending when he died. With the above observations/directions, the writ petition stands finally disposed of. No cost. M Sd/- Suni] Kumar Sinha Judge vatti x