Patna High CourtCWJC/22000/2014allowed

Yogendra Paswan v. The State Of Bihar And ORS

2015-10-05Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22000 of 2014 ====================================================== Yogendra Paswan Son of Late Chandeshwer Paswan Resident of Village - Jamalpur, Police Station - Paraiya, District - Gaya. .... .... Petitioner/s

Versus

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

2. The District Magistrate, Gaya.

3. The Sub Divisional Officer, Tekari, District - Gaya.

4. The Marketing Officer, Paraiya, Gaya ..... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Ga1- Shyam Kishore Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-10-2015 The petitioner prays for setting aside order dated 27.7.2012, passed by the District Magistrate, Gaya by which he has affirmed order dated 16.12.2009, passed by SDO, Tekari whereby he has cancelled petitioner's PDS licence no. 27/1992 after suspending the same.

The petitioner submits that the respondents have awarded both punishment of suspension and cancellation of license, which is not permissible in law in view of decision in case of Shiv Chandra Jha Vs. Harideo Jha, reported in 2013(3) PLJR 956.

As a result, the writ petition succeeds and the impugned orders are set aside with liberty to respondents to proceed afresh in accordance with law.

Shashi.

(Samarendra Pratap Singh, J) U