Patna High Court - Orders
Neelam Ara vs The State Of Bihar & Ors on 16 September, 2014
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9592 of 2014
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1. Neelam Ara W/o Zikrul Resident of village - Kesarra, P.S. Jokihat,
District - Araria
.... .... Petitioner/s
Versus
1. The State of Bihar through the Collector, Araria
2. The Collector, Araria
3. The Sub - Divisional Officer, Araria
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Adv.
For the Respondent/s : Mr. Jai Shankar Barnwal, G.A.5
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
3 16-09-2014Heard Mr. Sanjay Kumar Sharma learned counsel for the petitioner.
The petitioner has questioned the order dated 20.12.2007 passed by the Sub-Divisional Officer, Araria whereby the licence of the petitioner bearing No. 10 J of 2007 granted under the provisions of the Bihar Trade Articles Licenses Unification Order, 1984 (hereinafter referred to as 'the Unification Order') for running a shop under the public distribution system has been cancelled.
The petitioner preferred appeal giving rise to Appeal Case No. 230 of 2007-08 and which after consideration by the appellate authority being the Collector, Araria was remanded back to the licensing authority for consideration of the case of the petitioner 2 Patna High Court CWJC No.9592 of 2014 (3) dt.16-09-2014 2/3 afresh and for grant of a fresh licence.
Perusal of the order impugned manifests that the licence of the petitioner along with 329 other licenses have been cancelled on the sole ground that it did not have the approval of the District Selection Committee.
In several such matters that was deliberated before this Court the State has relied upon a circular issued by the department which required an approval by the District Selection Committee but in the opinion of this Court, a departmental Circular would not override statutory provisions and in absence of any such stipulation in 'Unification Order' it did not warrant any approval by the District Selection Committee. Further in absence of any allegation against this petitioner regarding violation of the conditions of licence or irregularities in the functioning of the shop, the cancellation on sole ground of non approval by the District Selection Committee cannot be upheld.
This issue was earlier been deliberated before this Court in CWJC No.14525 of 2008 (Ravi Shankar Mishra vs. The State of Bihar) when a Bench of this Court taking note of the provisions of 'the Unification Order' under which the licence was granted and which did not have any such stipulation of approval by the District Level Committee rather which condition was introduced 3 Patna High Court CWJC No.9592 of 2014 (3) dt.16-09-2014 3/3 under the Bihar Fair Price Shop Order 2007 w.e.f. 20.2.2007, was pleased to quash the order canceling licence as well as the appellate order vide order passed on 4.11.2011 and the order of the learned Single Judge was affirmed by the Division Bench in L.P.A. No.292 of 2013 (The State of Bihar vs. Ravi Shankar Mishra) preferred by the State of Bihar which was dismissed on 14.3.2013.
In view of the legal position discussed as well as the order passed in the case of Ravi Shankar Mishra (supra) the order of cancellation dated 20.12.2007 as contained in Annexure-5 and the order of the appellate authority dated 12.2.2008 as contained in Annexure-6 cannot be upheld and are accordingly set aside.
The licence of the petitioner stands restored. The consequences shall follow.
The writ petition is allowed.
(Jyoti Saran, J) Bibhash/-
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