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Patna High CourtCWJC/10341/2014allowed

Jagdeo Singh v. The State Of Bihar And ORS

2015-11-23Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10341 of 2014 ====================================================== Jagdeo Singh, son of Late Maheep Singh, resident of village- Gehlaur, Police Station- Atri, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Food & Consumer Protection Department, Government of Bihar, Patna.

3. The Additional Secretary, Food & Consumer Protection Department, Government of Bihar, Patna.

4. The Joint Secretary, Food & Consumer Protection Department, Government of Bihar, Patna.

5. The District Magistrate-cum-Chairman, District Licensing Authority under Public Distribution System (Control) Order, 2001, District- Gaya.

6. The District Supply Officer-cum-Secretary, District Licensing Authority under Public Distribution System (Control) Order, 2001, District- Gaya.

7. The Sub-Divisional Officer, Neemchak Bathani at Khizersarai, DistrictGaya.

8. The Block Supply Officer, Block- Mohda (Atri), Sub Division, Neemchak Bathani at Khizersarai, District- Gaya

9. The Panchayat Secretary, Gram panchayat- Gehlaur, Block- Mohda, Sub Division, Neemchak Bathani, District- Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh For the Respondent/s : Mr. Sc13-Arvind Kumar No. 1 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order dated 02.09.2013 passed by Sub-Divisional Officer-cum-licensing authority by which his P.D.S. license has been cancelled. The petitioner has tried to impress this Court that without due service of show-cause notice and without providing any opportunity of hearing, his P.D.S. license has been cancelled.

Patna High Court CWJC No.10341 of 2014 (3) dt.23-11-2015 2 / 2 Counsel for the State submits that the petitioner was found selling trade articles in black market. Having regard to the facts of the case, I am inclined to grant one more opportunity to the petitioner to place his case before the licensing authority. The petitioner would file his showcause reply within four weeks from today. Thereafter the licensing authority would proceed to dispose of the same in accordance with law.

In the meantime, the impugned order dated 02.09.2013 cancelling the P.D.S. license of the petitioner is set aside.

This writ application stands allowed.

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