IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.727 of 2007 ================= Santosh Kumar, son of Harihar Prasad, resident of Godna Reveelganj, Police Station- Reveelganj, District- Saran. . . . . . . . . . . . . Petitioner. Versus 1. The State of Bihar through the Secretary Food, Supply and Commerce Department, Old Secretariat, Patna. 2. The Sub-Divisional Officer, Chapra, Sadar, District- Saran. . . . . . . . Respondents. ================= For the Petitioner : Mr. Shree Kant Labh, Advocate. For the State : Mr. Bijay Shankar Choubey, AC to SC-8. 2/ 11.07.2011 The petitioner is aggrieved by order dated 12.08.2006 passed by S.D.O., Chapra (Sadar), contained in Memo no. 794, whereby he has deleted the name of the petitioner as co-partner of License no. 36 of 1985, which was initially issued in favour of petitioner’s father namely, Harihar Prasad. The petitioner’s father namely, Harihar Prasad, was granted license in the year 1985 bearing License no. 36 of 1985 for running a Public Distribution Shop under Bihar Trade Articles (Licenses Unification) Order, 1984 (hereinafter referred to as ‘the Unification Order, 1984). In the year 1994, the petitioner filed an application before S.D.O., Chapra (Sadar) for adding him as a co-partner in the license granted to his father. The application of the petitioner was allowed and he was made co-partner / licensee along with his father in respect of license no. 36 of 1985. The government in the department of Food, Supply and Commerce noticed that licensing authorities are adding additional persons as co-partners in the license in violation of 2 scheme of Unification Order, 1984. The Government vide Memo no. 796 dated 04.03.2006 directed the District Magistrates and concerned authority to delete the name of co-partners subsequently added to the license. A copy of letter issued by the Department of Food Supplies and Commerce dated 04.03.2006 is annexed as Annexure-3 to this application. In the light of Memo dated 04.03.2006 of respondent no.1, the S.D.O., Chapra (Sadar) passed order withdrawing the name of the petitioner as co-partner in the license. Counsel for the petitioner submits that order of the S.D.O., Chapra (Sadar) deleting the name of the petitioner as co- partner is bad in law. He submits that clause 9 provides for addition of co-partner in license of Bihar Trade Articles (Licenses Unification) Order, 1984. The petitioner has relied upon a decision of this Court dated 08.03.2000 passed in C.W.J.C. No. 7010 of 1999, as contained in Annexure-6. He submits that his father is over 70 years and has become week and the family has no other source of livelihood. On the other hand, counsel for the State submits that the S.D.O., Chapra (Sadar) had no authority to add the petitioner’s name as co-partner / licensee at full instance under the Unification Order, 1984. By the order under challenge the respondent no.2 has merely rectified the earlier mistake. Heard learned counsel for the petitioner as well as State. 3 It appears that the impugned order deleting the name of the petitioner as co-partner of license no. 36 of 1985 has been passed without giving opportunity of hearing to the petitioner. As no opportunity of hearing was given to the petitioner, the impugned order dated 12.08.2006 is set aside and the matter is remitted to the Sub-Divisional Officer, Chapra (Sadar) for fresh consideration in accordance with law. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)