Bhikhari Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17622 of 2013 ======================================================

1. Bhikhari Sahni Son Of Sri Jogi Sahni Resident Of Village - Pitaunjhiya, P.S. Hathauri, Dist - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Joint Secretary Department Of Food And Consumer, Protection, Bihar, Patna

2. The Divisional Commissioner, Tirhut Division Muzaffarpur

3. The District Magistrate Muzaffarpur

4. The Sub Divisional Officer East Muzaffarpur

5. The District Supply Officer Muzaffarpur

6. The Block Supply Officer Aurai, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar For the Respondent/s : Mr. Shashi Bhushan Kr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the State.

The petitioner hold PDS license bearing License No. 06-AUR-01-08 under Aurai Block in the district of Muzaffarpur.

I find that the license has been cancelled on the ground of various illegality committed by the petitioner in course of distribution of the goods item. I find that the Licensing Authority firstly suspended the license of the petitioner and thereafter cancelled the same. It appears that two punishments have been inflicted upon the petitioner at a time. In this view of

Patna High Court CWJC No.17622 of 2013 (3) dt.01-10-2015 2/2 the matter the impugned order suspending the license and thereafter cancelling the license of the petitioner vide order dated 30.12.2011 memo No. 1593S is set aside with liberty to the Licensing Authority to proceed afresh in accordance with law. This writ application is allowed to the extent indicated above.

(Samarendra Pratap Singh, J) M.Rahman/- U T