IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5500 of 2009 Md. Dawood, son of Md. Alimuddin, village Rampur Mohanpur East, PS and District Araria – Petitioner. Vs. 1) The State of Bihar, 2) The Collector, Araria. 3) The S.D.O. Araria – Respondents. 3 9.12.2011 Heard learned counsel for the petitioner and the State. The Subdivisional Officer vide order, dated 20.12.2007 has cancelled the petitioner’s license on the ground that it was not approved by the selection committee as provided under clause (2) of the Public Distribution System (Control) Order, 2001 notified on 20.2.2007. Clause (2) of the said Order requires that an application should be made in the prescribed form by the concerned candidate. The licensing authority should make a proper verification and recommend its report to the District Selection Committee for consideration. It is specifically mentioned that this could not be applicable to existing licensees who shall be governed as per the provisions of paragraph 1 which reads as follows: “New license of Fair Price Shop and its related working of licensee of public distribution system would be regulated through the provisions of Public Distribution System (Control) Order, 2001. Licensing Authority will terminate the agreement and provide new license in Form II to existing licensee after deposit of license fee within six months.” The District Magistrate while considering the issues raised on behalf of the petitioner has specified that the matter 2 should be reconsidered by the Subdivisional Officer and he will act in accordance with the 2001 Control Order (paragraph 1). Paragraph 1 merely requires that a fresh license should be issued to those persons who are holding the license before the notification of 2001 Order, dated 20.2.2007 in Form II after they have deposited the license fee within six months. Counsel for the petitioner submits that he has already deposited license fee. Since the matter has been remanded to the Subdivisional Officer, I direct that he will consider the case of the petitioner and if it is found that he has deposited the license fee, then the license should be renewed. I make it clear that in case of persons holding license prior to February 2007, it is not necessary that their names should be approved by the selection committee as it is specifically mentioned that it would not be applicable to licensees who are governed by the provisions of paragraph 1. The Subdivisional Officer may pass an appropriate order in accordance with law within a period of four months on receipt of a copy of this order. The petitioner is directed to produce a copy of this order within one month from the date of its receipt. This writ petition is disposed of in the aforesaid terms. haque ( Sheema Ali Khan, J .)