Patna High CourtCWJC/9058/2014allowed

Uday Kumar Sharma v. The State Of Bihar And ORS

2015-10-15Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9058 of 2014 ====================================================== Uday Kumar Sharma, S/o- Late Tara Prasad Sharma, Resident of VillageArap, PO- Arap, PS- Bikram, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Food & Civil Supplies, Government of Bihar, Patna

3. The Divisional Commissioner, Patna Division, Patna

4. The District Magistrate, Patna

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

6. The Block Supplies Officer, Block- Bikram, District- Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. S. B. K. Manglam, Advocate For the Respondent/s : Mr Pramod Kumar Singh, AC to SC-12 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is a licensee under P.D.S. system, bearing license no. 1244 of 1986. His license has been canceled on 24.02.2013 by the licensing authority, which was affirmed in appeal vide order dated 02.01.2014.

The petitioner submits that his P.D.S. license has been cancelled without even considering his show-cause reply. I find substance in the submission of the petitioner. The licensing authority while cancelling the license has not considered the show-cause reply of the petitioner nor he has even referred to the allegations.

In the result, the impugned order cancelling the

Patna High Court CWJC No.9058 of 2014 (3) dt.15-10-2015 2 / 2 P.D.S. license of the petitioner, affirmed in appeal, are set aside. This application stands allowed.

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