Daya Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3210 of 2019 ====================================================== Daya Shankar Prasad, S/o Late Jagdish Sah Vill.-Madhavpur, Ps.-Chandi, Distt.-Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Consumer Protection Department, Bihar, Patna 2.

The Collector Nalanda at Biharsharif 3.

The Sub Divisional Officer Hilsa, Distt.-Nalanda 4.

The Block Supply Officer Chandi, Distt.-Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr.Adv.

Mr.Dhananjaya Nath Tiwari, Adv.

Miss Preety Kunwar, Adv.

For the Respondent/s :

Mr.Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-06-2019 In view of the admitted facts appearing from memo no.636 dated 15.11.2018 as contained in Annexure-1 to the writ application saying that while issuing show cause notice to the petitioner the Sub-Divisional Officer, Hilsa had not proposed cancellation action, learned counsel for the State submits that the writ application may be disposed off in the light of the Hon'ble Division Bench judgment of this Court in the case of Ram Bachan Ram Vs. the State of Bihar & Ors. reported in 2018(4) PLJR 516.

Apparently, the cancellation of the licence of the PDS shop of the petitioner is liable to be set aside for violation of the

Patna High Court CWJC No.3210 of 2019(2) dt.26-06-2019 2/2 Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016. The same is accordingly set aside and the matter is remitted to the Sub-Divisional Officer, Hilsa for fresh consideration in accordance with law. In view of the setting aside the impugned cancellation order as contained in memo no.398 dated 16.01.2019 (Annexure-3 to the writ application) the licence of the petitioner stands restored forthwith. The Sub-Divisional Officer, Hilsa is directed to proceed afresh and complete the whole exercise within three months from the date of receipt/production of a copy of this order.

(Rajeev Ranjan Prasad, J) arvind/- U