Narayan Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13894 of 2013 ====================================================== NARAYAN BHAGAT, SON OF LATE PUHUPLAL BHAGAT, RESIDENT OF VILLAGE POST OFFICE AND POLICE STATION GAMHARIYA, DISTRICT MADHEPURA .... .... Petitioner

Versus

The State of Bihar & Ors .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 07-09-2015 The petitioner prays for quashing order dated 10.8.2010, passed by the SDO, Madhepura cancelling his PDS licence NO.124/2007, as well as appellate order dated 21.11.2011, by which the same has been affirmed. Petitioner's licence was cancelled on the allegation that

(1) he kept the shop open till 4 PM, whereas Government direction was to close it at 1 PM. (2) he kept son of one of the suspended PDS dealer at his shop to facilitate black marketing

(3) the stock display register of that date was incomplete and

(4) one of the consumers complained that he supplied the commodities in lesser quantity.

Petitioner submits that he was receiving short supply of materials from the Government agencies, which fact had been written by him to the Collector and other officials, who had also acted upon the same.

Patna High Court CWJC No.13894 of 2013 (2) dt.07-09-2015 I find that the petitioner has committed irregularities but those are of trivial nature, so as not to attract the ultimate punishment of cancellation of license. No instance of black marketing has been cited. In the circumstances, the writ petition succeeds, the impugned orders are set aside with a warning to the petitioner to be careful in future. (Samarendra Pratap Singh, J) Shashi./- U