Patna High CourtCWJC/5033/2014allowed

Akhtar Husain v. The State Of Bihar And ORS

2015-10-12Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5033 of 2014 ======================================================

1. Akhtar Husain Son Of Late Hira Resident Of Village - Harpur Chandi, P.S. Charpokhari, District - Bhojpur

2. Akhtar Husain Son Of Late Hira Resident Of Village - Harpur Chandi, P.S. Charpokhari, District - Bhojpur .... .... Petitioners

Versus

1. The State Of Bihar Through The Principal Secretary, Food And Civil Supply Government Of Bihar, Patna

2. The Divisional Commssioner, Patna Division, Patna

3. The District Magistrate, Bhojpur

4. The Sub - Divisional Officer, Bhojpur

5. The Block Development Officer, Garhani - Cum - Incharge Block Supply Officer, District - Bhojpur

6. The Block Supply Inspector, Garhani, District - Bhojpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Subhas Singh, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 12-10-2015 The petitioners have prayed for quashing the order dated 10.12.2013/10.1.2014, passed by respondent no. 2, confirming appellate order and the order of respondent no.4 dated 27.8.2003, by which his PDS licence has been cancelled. The petitioners submit that the show-cause notice itself was defective, as it did not mention the proposed punishment, in case the show-cause reply is not found satisfactory. Reliance has been placed on a decision in case of P.K.Primary Agriculture Co-operative Society Ltd. and others Vs. The State of Bihar and others, reported in 2015(3) PLJR 189 in which it has been observed that Clause 7(ii) of the Bihar Fair Price

Patna High Court CWJC No.5033 of 2014 (3) dt.12-10-2015 2/2 Shops Order, 2007 clearly defers passing of order of cancellation unless preceded with a notice of proposed cancellation.

In the result, this writ application succeeds. The impugned orders are set aside, subject to any fresh right created in the meantime. The licensing authority would be at liberty to proceed afresh in accordance with law.

(Samarendra Pratap Singh, J) Shashi.