Mundrika Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2476 of 2014 ====================================================== Mundrika Prasad, S/o Late Lal Kishun Singh, Resident of Mohalla- Fathua Nagar Panchayat, P.S- Fathwa, District- Patna. .... .... Petitioner.

Versus

1. The State of Bihar through the District Magistrate, Patna,

2. The S.D.O. Patna City.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Kuber Pathak, AC to SC-14 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and the State. The license of the petitioner has been cancelled on the ground that the shop has been closed on 28.12.2013 and on one previous occasion as well.

The petitioner submits that he had taken his son for treatment and as such the shop remained closed at the relevant time. The petitioner in support of his submission has annexed the necessary prescriptions and the other receipts with respect to purchase of medicines.

The explanation offered by the petitioner for keeping the shop closed cannot be said to be unreasonable. In the result, the impugned order cancelling the P.D.S. license of the petitioner is set aside. However, it will be open for the licensing authority to

Patna High Court CWJC No.2476 of 2014 (2) dt.10-09-2015 2 / 2 take appropriate action against the petitioner, if the petitioner is again found in any manner involved with respect to distribution of items under the license.

This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U