Ram Pukar Mochi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13811 of 2014 ====================================================== Ram Pukar Mochi S/O Late Ramuna Mochi, Resident of Village- Ajda, P.O.- Sikariya, P.S.- Paliganj, District- Patna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food AND Consumer Protection Department, Patna

2. The Collector, Patna

3. The Sub Divisional Officer, Paliganj, District- Patna .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Partha Sarthy, GA 11. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-09-2015 Petitioner is a PDS dealer. He seeks quashing of the orders of the Licensing officer and the appellate authority dated 8.8.2011 & 12.5.2014, respectively.

The petitioner submits that his licence has been cancelled without indicating the proposed punishment in the show cause. He refers to a Division bench decision in case of Bhola Prasad Yadav Vs. The State of Bihar and others, reported in 2010(3) PLJR 825 in support of his submission. In my view submission of the petitioner has substance. As such, the impugned orders are quashed with liberty to the respondents to proceed afresh in accordance with law Shashi.

(Samarendra Pratap Singh, J) U