IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5828 of 2009 Krishna Murari Kumar, S/o-Sri Ram Nandan Sharma, Resident of Village Maniauri, P.S.-Mehus, District-Sheikhpura. -Petitioner. VERSUS 1. The State of Bihar. 2. Sub-divisional Officer, Sheikhpura. -Respondents. ----------- Counsel for the Petitioner : Mr. N.K. Agarawal, Sr. Adv. Mr. D.N. Tiwari, Adv. Counsel for the State : Mr. Sanjay Kumar-I (GP-14). ------------ 03 14.05.2009 The facts of this case is similar to the facts as obtaining in C.W.J.C. No. 4718 of 2009, which was disposed of by this Court on 17.04.2009, as such, with consent of parties the writ petition is being disposed of at this stage itself. One Chameli Devi was granted licence under the Public Distribution System under the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 being Licence No. 4/1988, with permission of the Licensing Authority, Sub-divisional Officer, petitioner was added as a partner. Subsequently, after several years Chameli Devi was permitted to withdraw from the business and the licence then stood in the name of petitioner all alone. This happened way back in the year 1996 with due permission of the Sub-divisional Officer. Thereafter, the Licence has been regularly renewed. It appears that on 04.03.2006, the Secretary, Department of Food and Civil Supply issued a circular, inter alia, stating that licences under Public Distribution System would be non-transferable. This was obviously with reference to the Central Government order being Public - 2 - Distribution System (O), 2001 under which subsequently the Bihar Public Distribution System Order, 2007 was enacted. Licence which was transferred long back when there were no restrictions cannot now become invalid on that ground. The order would operate prospectively. In that view of the matter, the order of cancellation of licence, as done by the Sub-divisional Officer under Memo No. 20 dated 06.01.2009 cannot be sustained and it is accordingly set aside. The writ petition is, thus, allowed. Trivedi/ (Navaniti Prasad Singh, J.)