Pama Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.12110 of 2013 (2) dt.20-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12110 of 2013 ======================================================

1. Pama Devi Wife Of Sri Uday Kumar Singh Resident Of Village And P.O.- Basbitta, P.S.- Shambhuganj, District- Banka .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Food And Consumer Protection Department, Old Secretariat, Patna

2. The Collector, Banka, District- Banka

3. The Licensing Authority-Cum-Sub-Divisional Officer, Banka, DistrictBanka .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shreekant Labh, Advocate For the Respondent/s : Mr. JC to GP 16 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-08-2015 The petitioner is a licensee of PDS dealer bearing license no.02/97. He seeks quashing of the order, dated 20.1.2012 cancelling his license by the licensing authority as well as order of appellate authority.

The petitioner submits that no show cause was issued stating therein that if the reply of the petitioner is found unsatisfactory his license would be cancelled rather the show cause was as to why his license be not suspended. As such, the impugned order cancelling his license is not sustainable in the eyes of law.

I find substance in the submission of the petitioner. This Court has already decided similar matter by order dated

Patna High Court CWJC No.12110 of 2013 (2) dt.20-08-2015 7.12.2009 passed in C.W.J.C. No.4979 of 2006. As there was no show cause for cancelling the license, the impugned orders are set aside. It will be open for the respondents to proceed in accordance with law.

In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U