Patna High CourtCWJC/10152/2013disposed

Kameshwar Ravidas v. The State Of Bihar And ORS

2015-08-14Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10152 of 2013 ====================================================== Kameshwar Ravidas S/O Late Hari Rabidas R/O Village- Tarauchi, P.S.- Guraru, District- Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Food And Civil Supply Deptt., Govt. Of Bihar, Patna

2. The District Magistrate, Gaya, District Gaya

3. The District Supply Officer, Gaya, District Gaya

4. The District Level Selection Committee Through District Magistrate, District Gaya

5. The Sub-Divisional Officer, Tikari, District- Gaya .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.N.Mishra, Advocate For the Respondent/s : Mr. N.Kr.Singh, AC to GP2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-08-2015 The petitioner, being a PDS dealer having Licence no.24/92 within Tekari Sub division, submits that two punishments have been inflicted on him as respondent no.5 first suspended his licence on 21.10.2008 and then cancelled it on 6.1.2009, which is not sustainable in view of Division bench judgment in case of Shiv Chandra Jha Vs. Harideo Jha, reported in 2013(3) PLJR 956.

I find substance in the submissions of the petitioner. As such, the impugned orders are set aside. In view of nature of allegation against the petitioner, the respondents are at liberty to proceed afresh in accordance with law.

The writ petition is thus disposed of.

(Samarendra Pratap Singh, J) Shashi.