Dayanand Pd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1897 of 2013 =========================================================== Dayanand Prasad, S/O Late Misari Prasad, R/O Saidpur, P.S.- Kadamkuan, Distt.- Patna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary Food & Civil Supply Deptt., Govt. of Bihar, Patna

2. The Joint Secretary Food and Consumer Protection Department, Government of Bihar, Patna

3. The Officer on Special Duty, Food & Consumer Protection Department, Government of Bihar, Patna

4. The Special Officer, Rationing, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv. Mr. D.N. Tiwari, Adv.

For the State : Mr. Raju Giri- G.P.-30 Mr. Nikhil Kr. Agrawal, A.C. to G.P.-30 =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 06-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is the Public Distribution System Dealer in the district of Patna. His licence was earlier suspended by Special Officer, Rationing, Patna. Learned counsel for the petitioner submits that the Special Officer, Rationing, Patna did not have jurisdiction to cancel the license as in view of 2006

Patna High Court CWJC No.1897 of 2013 dt.06-08-2015 2/2 amendment to the Control Orders, S.D.O, Special Officer Incharge, appointed by the competent authority can cancel the Public Distribution System Dealer's license. He submits that similar issue was earlier decided vide order dated 14.02.2014 passed in C.W.J.C. No. 13973 of 2012 by which impugned order, cancelling the license has been set aside.

The application is accordingly disposed of.

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