Ramnandan Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.12537 of 2014 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12537 of 2014 ======================================================

1. Ramnandan Ram S/o Late Anant Ram Resident of Village- Akuri, Police Station- Paliganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna.

2. The District Magistrate/ Collector, Patna.

3. The Sub- Divisional Officer, Paliganj, District- Patna.

4. The Block Supply Officer, Paliganj, Distt.- Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. U.S.S.Singh, GP1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-10-2015 The petitioner, who was holder of a PDS licence under Paliganj Block in the district of Patna, seeks quashing of the order, dated 6.10.2012 passed by the Sub-Divisional officer, Sadar, Paliganj cancelling his licence which was affirmed in appeal vide order dated 13.5.2014 passed by the District Magistrate, Patna. The petitioner has raised two grievance; firstly the licensing authority has passed the impugned order of cancellation primarily on the recommendation of the Block Supply Officer and secondly the cancellation order has not considered the show cause filed by him as well as the order has been passed in anticipation of approval of the District Magistrate.

In the result this writ application is allowed and the

Patna High Court CWJC No.12537 of 2014 (3) dt.05-10-2015 impugned orders cancelling the licence of the petitioner are set aside. It would be open for the licensing authority to proceed afresh in accordance with law.

(Samarendra Pratap Singh, J) KHAN/- U