RAMESH KUMAR MERATHIA, J. - (1.) HEARD the parties for final disposal of the cases. These writ petitions involving similar questions are 'being disposed of by this common order.
(2.) IN these writ petitions and by way of amendment petitions (I.A. No. 2330 of 2006 filed by Bimal Kumar & I.A. No. 2331 of 2006 filed Bhola Prasad Mahto), the petitioners have challenged the Memo No. 1056 dated 17.7.2004 (Annexure 4) and also the order dated 12.2.2005 (Annexure 2) by which the petitioners ' licence under the Bihar Trade Articles (Licenses Unification) Order, 1984 (Licensing Order for short) and the agreement of fair price shop has been cancelled. By Annexure 4, the Secretary (respondent No. 2) issued notices to the local officers to show cause about their dereliction in duties as several irregularities were found in the Public Distribution System (PDS for short) by the inspecting team of higher officers. A copy of the inspection report was also annexed with a direction to the local authorities to initiate proceedings for cancellation of dealership licence and fair price shop agreements of the dealers, who were found violating the terms of the licence and the fair price shop agreements, and to blacklist them. Mr. B.K. Dubey, learned Counsel for the petitioners, submitted that when the Secretary, (respondent No. 2) himself has recommended to cancel the licences and fair price shop agreements; then the proceedings/orders of cancellation of licence; filing appeal, revision are all empty formalities. He further submitted that the petitioner 'scase is squarely covered by the order dated 10.7.2006 passed in W.P. (C) No. 6323 of 2005 Mundrika Ram V/s. State of Jharkhand. He further submitted that the alleged inspection was done on 21.1.2004 but the said memo/order (Annexure 4) was issued after more than one and half years i.e. on 17.8.2005.
(3.) STATE counsel submitted that as per the direction of the Chief Secretary and in terms of Clause 30 of the Licensing Order; and in order to verify whether the Public Distribution System through the fair price shops is working properly or not, a team of high officials inspected various fair price shops between 15.1.2004 to 22.1.2004. During course of inspection, several illegalities/irregularities were found. Accordingly, while issuing show cause notice to the local authorities about their dereliction in duties, they were directed to initiate proceedings for cancellation of licences and the fair price shop agreements. Accordingly, notices were issued by the licensing authority to several dealers of the fair price shops, including the petitioners on 29.9.2005, to which they replied on 3.10.2005. As the same was not found satisfactory, their licence and agreement of fair price shops were cancelled by the licensing authority, by order dated 12.12.2005. As the action was contemplated against several fair price shop dealers, there was some delay in initiating the proceedings for cancellation of licence. The petitioners ' case is not similar to the case of Mundrika Ram (Supra). Petitioners have got alternative remedy of appeal/revision and the said authorities can enquire into the matter and decide the appeals/revisions on their own merits.;