(MD HIGH COURT OF CHHATTISGARH, BILASPUR w.P.(C) No. 123s of2011 PETITIONER Jitendra Kumar Sao S/o Late Raju ‘Sao, age 22 years, Rlo Ravidas Nagar, Gandhi Chowk, Camp II, Near Kanti Kirana Store, Power House, Bhilai, Tehsi! & District — Durg Chhattisgarh Versus RESPONDENTS 1 State of Chhattisgarh, Through Secretary Food and Civil Supply Department, D.K.S. Bhavan, Mantralaya, Raipur, Chhattisgarh 2 Food Controller Durg, Chhattisgarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance : Mr. B.L. Sahu, Advocate for the petitioner. Mr. Arvind Dubey, Panel Lawyer for the State/respondents. ORAL ORDER (05.03.2011) SUNIL KUMAR SINHA. J. Heard. Petitioner— Jitendra Kumar Sao is son of late Raju Sao. Petitioner’s father late Raju Sao was a kerosene—hawker as he was granted licence by the competent authority in this regard. He was allotted card No. 61 in the year 2002. The petitioner’s father expired on 18.9.201 O, thereafter the petitioner's mother applied for transfer of the said hawker card in the name of the petitioner and one application was also submitted by the petitioner for the same before respondent No.2. Mr. B.L. Sahu, learned counsel appearing on behalf of the petitioner, submit that when no decision was taken on the above application, representations were filed and the last representation (Annexure-P/3) was med on 29.11.2010. But, no decision has been i taken in this regard. Therefore, the petitioner has filed this writ petition l 2 W.P.(C) No. 1238 of 2011 for issuance of a direction to dispose of his pending representation d‘ated 29.11.2010 (Annexure-P/3) within the stipulated period granted by this Court. Mr. Arvind Dubey, learned Panel Lawyer appearing on behalfof the State/respondents, referring to the circular dated 16‘“ of January, 1999, argues that the above circular was issued by the erstwhile State of Madhya Pradesh and the contents of the circular are being followed by the State of Chhattisgarh also. He submits that the petitioner may be directed to me a fresh application for grant of kerosene-hawker licence to the concerned authority and he may also attach the copy of the representation (Annexure~P/3) along with the said application and the application filed by the petitioner for grant of hawker licence shall be disposed of in accordance with directions contained in circular dated 16‘“ of January, 1999 as also in accordance with the provisions of Rules framed in this regard. Considering the facts and circumstances of the case, i deem it appropriate to dispose of this writ petition with the direction that if so advised, the petitioner may file a fresh application in the prescribed proforma, if any, for grant of hawker licence within a period of one month from today before the concerned authority and if such an application is med, the concerned authority shall dispose of the same as early as a possible preferably within a period of 3 months from the date of filing of the said application before such authority. It is observed that the concerned authority shall take into consideration that the petitioner’s father was granted licence. With the above observations/directions, the writ petition stands finally disposed of. Sd/— SUNIL KUMAR SINHA No cost. Judge vatti