NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to renew and return the Wholesale Kerosene Oil Licence No. 1/Bagh/ 89 (SKO). Petitioner has further prayed for a direction on the respondents to delete the name of any third person, if inserted in the licence, which is not permissible in view of the provisions of Clause -9 of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred as the 'Unification Order).
(2.) ACCORDING to the petitioner, the licence for Whole Kerosene Oil was granted to M/s. Chhitar Mal Nathu Mal and Sons, which was a proprietorship firm. The petitioner has applied for renewal of the said licence before the Licensing Authority on 24th April, 2007, but the Licensing Authority has not returned the licence to the petitioner after renewal. Learned Counsel appearing on behalf of the respondent No. 4 as also learned JC to GP III appearing on behalf of the State -respondents contested the writ petition. Petitioner's claim has been contested merely on the ground that the firm in the name of which the licence was earlier granted was converted into a partnership firm and 75% of the share in the partnership was given to the respondent No. 4 and 25% of the share remained with the petitioner.The said partnership deed was filed before the Licensing Authority and on that basis, the fact was mentioned in the licence. It has been submitted that the petitioner, thus, cannot now pray for deleting the said contents of the licence, which has been inserted on the basis of the said partnership firm.
(3.) I have heard learned Counsel for the parties and considered the facts and materials on record and have also considered the provisions of Clause -9 of the said Unification Order, Clause -9 of the Unification Order runs as follows: 9. Addition and alternation to licence. -The Licensing Authority after giving due opportunity may take necessary additions, deletions and alterations in the entries made in the licence relating to godown, place of business, names of partners, trade articles etc., on the application of the licensee.;