Patna High CourtCWJC/14050/2013allowed

Jagarnath Prasad Gupta v. The State Of Bihar And ORS

2015-10-27Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14050 of 2013 ====================================================== Jagarnath Prasad Gupta, son of Late Laxmi Prasad, resident of Midhansarai Ward No.-2, P.S.- Ahiyasarai, Panchayat- Dadar Kolhua, DistrictMuzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar

2. The Collector, Muzaffarpur

3. Sub-Divisional Officer-Cum-Licensing Authority, West Muzaffarpur

4. District Supply Officer, Muzaffarpur

5. Block Supply Officer, Kanti, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. Rajeev Ranjan, Advocate For the Respondent/s : Mr. M. Nasrul Huda Khan, SC-18 : Mr. Harun Quarashi, AC to SC-18 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and the State. The petitioner's P.D.S.

license was initially suspended on 15.06.2011 and thereafter it was cancelled on 12.12.2011.

The petitioner submits that suspension of license and cancellation are two exclusive punishments and the same cannot be awarded one after the other. In support of his submission, the petitioner has relied upon a decision in case of Shiv Chandra Jha Vs. Harideo Jha, reported in 2013 (3) PLJR 956. On the other hand, counsel for the State submits that the petitioner has committed a number of irregularities. He used to

Patna High Court CWJC No.14050 of 2013 (5) dt.27-10-2015 2 / 2 make short supply of materials and charged higher rates. In case, if a licensee violates the conditions of license, it is open for the authorities to award appropriate punishment. However, I agree with the submission of the learned counsel for the petitioner that a licensee cannot be awarded punishment of suspension as well as punishment of cancellation of license.

In the result, the writ application succeeds, the impugned order canceling the license, which was also affirmed in appeal are set aside. It will be open for the authorities to proceed afresh in accordance with law.

This application stands allowed.

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