Mahendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10235 of 2013 ====================================================== Mahendra Prasad Singh, S/O Late Medini Prasad Singh, At Post Samastipur, P.S.- Sahaypur Kamal, Distt.- Begusarai .... .... Petitioner.

Versus

1. The State of Bihar through the District Magistrate, Begusarai

2. The S.D.O., Balia, Dist.- Begusarai

3. The District Supply Officer, Balia, Dist.- Begusarai .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner holds a P.D.S. license bearing license No. 118 of 2007 for running a P.D.S. shop.

3. The petitioner seeks quashing of the order dated 21.02.2012 passed by the learned Sub-Divisional Officer, Balia cancelling his license.

4. The allegation in short is that the petitioner made short supply and charged excess amount.

5. The petitioner submits that in view of similar allegation, earlier he was let off by the licensing authority. He submits that again on similar allegations his license is being cancelled.

Patna High Court CWJC No.10235 of 2013 (2) dt.18-08-2015 2 / 2

6. In my view, as the issue requires some analysis of facts, the petitioner is given a chance to explain the case before the licensing authority. In case, a petition is filed within four weeks from today, the licensing authority would reconsider the matter without any prejudice and without being prejudiced by its earlier order cancelling the license. The subsequent order passed by the licensing authority would have an overriding effect for cancellation of license of the petitioner by the earlier order.

7. This application stands disposed of.

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