IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12705 of 2005 1. Rameshwar Ram, son of Late Ganesh Ram, resident of village Saidpur, P.S.-Dighwara, District-Chapra. 2. Sobha Devi wife of Bhola Prasad, resident of village Saidpur, P.S.-Dighwara, District-Chapra 3. Sanjay Kumar S/o Rajbanshi Ram, resident of village- Saidpur, P.S.-Dighwara, District- Chapra 4. Manju Devi wife of Ajay Kumar, resident of village- Dighwara, P.S.-Dighwara, District-Chapra 5. Sabiya Khatoon wife of Sabbir Hussain, resident of village- Dighwara, P.S.-Dighwara, District-Chapra. 6. Satrughan Prasad s/o Kanhaiya Prasad, resident of village-Dighwara, P.S.-Dighwara, District-Chapra 7. Shanti Devi wife of Suraj Singh, resident of village- Raipatti, P.S.-Dighwara, District-Chapra 8. Munni Devi wife of jainandan Ram, resident of village- Basantpur, P.S.-Dighwara, District-Chapra 9. Jag Narayan Pandit son of Late Bhola Pandit, resident of village-Dighwara, P.S.-Dighwara, District-Chapra Versus 1. The State of Bihar, through the Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna 2. Commissioner cum Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna 3. Commissioner, Saran Division, Saran 4. District Magistrate, Saran at Chapra 5. Sub divisional Officer, Sonepur (Saran) ----------- 4. 15.11.2011 Heard learned counsel for the petitioners and learned A.C. to S.C. 3 for the respondents. The writ petition has been filed for quashing the order dated 14.7.2005 issued under Memo No. 613 by respondent no. 5 by which the licence granted to the petitioners under the Public Distribution System has been cancelled. Learned counsel for the petitioners submits that the ground for cancellation is the letter of the State Government as contained in Memo No. 984 dated 2 24.3.2004 in which it is stated that the licence of excess shops as per the calculation and formula of the State Government should be cancelled. On perusal of the said letter it transpires that as per the policy of the State Government certain population limit is fixed for rural and urban areas for which licence would be given under the public distribution system. The letter itself, however, makes it clear that this condition would not affect the case of licence holders belonging to the reserved and compassionate category. Learned counsel for the petitioners submits that the petitioners except petitioner no. 7 belong to the reserved category and in that view of the matter also such cancellation was not justified. He further submits that in any view of the matter the said direction could not have been issued and cancellation made prior to the period for which the licence had already been granted that is, till the year 2005. Learned counsel for the State on the other hand contests the same stating that it is the policy of the State Government to decide the criteria for grant of such licence. Considering the facts and circumstances of the case, this Court is inclined to accept the submission 3 of learned counsel for the petitioners. From the plain reading of the letter, which is the reason for cancellation of the licence of the petitioners, it is apparent that the petitioners except petitioner no. 7 belong to the reserved category and thus not covered by such direction. Further, since the licence granted to them was valid till the year 2005, the authorities were not justified to terminate it abruptly especially when less than six months remained. For the reasons mentioned aforesaid the cancellation of the licence of the petitioners cannot be sustained in law and accordingly stands set aside. This however, would not automaticaly renew the licence of the petitioners. The case of the petitioners shall be considered afresh in accordance with law. If such an application is made before the authority concerned within two months from today alongwith a copy of this order, the authorities shall not be prejudiced by the fact that earlier licence stood cancelled in light of such Government directions. The writ petition stands disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)