IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3798 of 2009 PRAKASH PRASAD SAH Versus THE STATE OF BIHAR & ORS ----------- 04. 03.11.2009 Primary allegation made against the petitioner is that he failed to lift foodgrains for the mid day meal scheme despite being a PDS dealer having obligation to do so. Therefore, the respondent authorities were left with no option but to cancel his licence. The matter travelled in appeal and the order of the cancellation of licence has been upheld by the District Magistrate. Besides other submissions learned counsel for the State submits that petitioner has remedy of revision before the revisional authority and he should exhaust the same first. Counsel for the petitioner has no objection provided one basic grievance of his is looked into and decided, whether the negligence alleged on the part of the district authorities on the shoulder of the present petitioner is made out? His categorical stand is that in absence of issuance of ‘store issue order’ the petitioner could not lift the foodgrains and supply the same for mid-day meal scheme. Since only one ‘store issue order’ was given to him, that too, for the month of October-November, 2005 so the petitioner did not meet his obligation. In absence of the circular on this issue having brought on record both by the petitioner as well as the State whether there is requirement of ‘store issue order’ to be issued every month or year is not known. That is a matter which requires to be verified at the - 2 - local level but has a bearing on the issue raised by the petitioner. The writ application is disposed of with liberty to the petitioner to file a revision application, raising this question as well as other questions before the revisional authority and the revisional authority will decide the question after examining the scheme whether there is obligation upon the respondents to grant or issue ‘store issue order’ to the petitioner to lift foodgrains every time or there is a standing order to do so regularly and supply the same for mid day meal scheme. The Court expects early decision after filing of the revision application in the matter. The writ application with I.A. stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)