Patna High CourtCWJC/20689/2013allowed

Sahdeo Paswan v. The State Of Bihar And ORS

2015-09-24Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20689 of 2013 ====================================================== Sahdeo Paswan, S/o Late Ramashish Paswan, resident of Village- Harpur, Bhindi, P.S- Tajpur, District- Samastipur. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Samastipur.

3. The Sub- Divisional Officer, Samastipur.

4. The Block Supply Officer, Morva Block, Samastipur. .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. A counter affidavit has been filed on behalf of the respondents.

P.D.S. license of the petitioner has been cancelled by order dated 12.07.2012 by Sub-Divisional Officer, Samastipur, without issuance of show-cause notice, primarily on the ground of institution of a criminal case, which was affirmed in Appeal. A license cannot be cancelled merely because a criminal case has been instituted.

In the result, the impugned order cancelling the license of the petitioner, which is also affirmed in appeal vide order dated 16.04.2013, are set aside.

This application stands allowed.

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