Patna High CourtCWJC/15381/2013allowed

Md. Taiyab Hussain v. The State Of Bihar And ORS

2015-09-10Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15381 of 2013 ====================================================== Md. Taiyab Hussain Son Of Late Haji Suleman Resident Of Village Rampur Lahi, P.S. Shankarpur, District- Madhepura .... .... Petitioner/s

Versus

1. The State Of Bihar Through District Magistrate, Madhepura

2. The District Supply Officer, Madhepura

3. The Sub-Divisional Officer, Madhepura

4. The Block Development Officer, Cum-Block Supply Officer, Shankarpur, District Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Lal Das, Advocate For the Respondent/s : Mr. Pawan Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 The petitioner seeks quashing of the order dated 4.3.2013, by which his PDS licence no. 12/2011 has been cancelled by respondent no.3 in view of institution of FIR. Learned counsel for the petitioner submits that no show cause was served on him before passing order. Further, after 23.6.2011 amendments, a license cannot be cancelled on the ground of institution of FIR.

Plea of the petitioner is well covered by several decisions of this Court. In the result, the impugned order cancelling petitioner's license is set aside with liberty to the respondents to proceed afresh.

Shashi.

(Samarendra Pratap Singh, J) U