IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5155 of 2006 Kanti Devi, Wife of Bindeshwar Prasad, resident of village Chandi, P.S.- Ariyari, District- Sheikhpura ….. …. Petitioner Versus 1. The State Of Bihar 2. The Collector, Sheikhpura 3. The Sub-Divisional Officer, Sheikhpura 4. The District Supply Officer, Sheikhpura 5. The Block Supply Officer, Ariyari, P.S. Ariyari, District- Sheikhpura …… ….. Respondents For the Petitioner :Md. Nadeem Seraj, Advocate For the State :Mr. Ray Saurabh Nath,A.C. to AAG-6 02/ 16.03.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order, bearing Memo No. 38-34 dated 19.1.2006, Annexure-1 passed by the Sub-Divisional Officer, Sheikhpura, whereunder Fair Price Shop Dealing Licence of the petitioner, bearing no. 3/04 has been cancelled on the ground that departmental instructions contained in letter No. 3874 dated 3.12.2003 have not been followed before grant of the said licence. 3. Counsel for the petitioner states that the Fair Price Shop Dealing Licence number of the petitioner is 3/05 and in this connection he relies on the letter of the Sub- - 2 - Divisional Officer, Sheikhpura dated 30.12.2005, bearing Memo No. 647 dated 30.12.2005 addressed to the petitioner, copy whereof is contained in Annexure-3 to this application. 4. Fair Price Shop Dealing Licence of the petitioner having been cancelled on the ground of procedural irregularity and not on merit/ ground of misconduct, this writ petition is disposed of permitting the petitioner to apply for grant of fresh licence, which should be considered in the light of the departmental instructions dated 3.12.2003 or any subsequent instruction in accordance with law as early as possible in any case within two months from the date of receipt/ production of a copy of this order. Arjun/ (V.N. Sinha, J.)