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Patna High CourtCWJC/3211/2017disposed

Harendra Ram v. The State Of Bihar And ORS

2017-05-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3211 of 2017 ====================================================== Harendra Ram S/o Ram Pukar Ram Resident of Village - Mahuli, P.S. - Ara Muffasil, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Bihar, Patna.

2. The District Magistrate-cum-Collector, Bhojpur.

3. The Sub-Divisional Officer, Sadar, Bhojpur.

4. The Block Supply Officer, Sadar, Ara, District - Bhojpur. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate and Mr. Dhananjaya Nath Tiwari, Advocate.

For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4. ========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2017 Heard counsel for the petitioner and counsel for the State.

The petitioner is challenging the order issued under Memo No. 638 dated 11.02.2017 whereby the Sub Divisional Officer has cancelled the licence of the petitioner for running a PDS shop.

In the present case, on the complaints having been raised by some of the consumers, an enquiry was conducted with regard to the working of the P.D.S. shop of the petitioner and during the inspection certain irregularities were found to have been committed by the petitioner which led to calling upon the petitioner to file his show cause and thereafter order dated

Patna High Court CWJC No.3211 of 2017 (2) dt.09-05-2017 2/2 11.02.2017 has been passed cancelling the licence of the petitioner.

The order of the S.D.O. is not well founded and cryptic in nature. In such view of the matter, the order dated 11.02.2017 is set aside and the matter is remanded back to the S.D.O. directing him to furnish a copy of the enquiry report to the petitioner. The petitioner, if so advised, may file his supplementary show cause and the S.D.O., after considering the same, will pass reasoned orders in accordance with law. The writ applications stands disposed of accordingly. (Shivaji Pandey, J) Dilip, AR U