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Patna High CourtCWJC/13548/2013allowed

Kameshwar Paswan v. The State Of Bihar And ORS

2015-09-03Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13548 of 2013 ====================================================== Kameshwar Paswan S/O Late Tanuk Paswan R/O Village - Kachubi, P.S. Lakhaur, Distt. Madhubani .... .... Petitioner

Versus

1. The State Of Bihar, Through The Principal Secreary - Cum - Commissioner, Department Of Food And Consumer Protection, Government Of Bihar, Patna

2. The District Magistrate - Cum - Collector, Madhubani

3. The Sub - Divisional Officer, Jhanjharpur, Madhubani

4. The Block Supply Officer, Lakhnaur, Distt. Madhubani .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Respondent/s : Mr. S.D. Sanjay ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 03-09-2015 The petitioner challenges order of the SDO, Jhanjharpur dated 3.6.2013, cancelling his PDS License.

The petitioner submits that the SDO while passing cancellation order did not consider the show cause filed by him. Submission of the petitioner has substance.

The impugned order is set aside and the matter is remanded to the SDO for passing fresh order within three months from the date of receipt of this order, after considering the reply of the petitioner filed by him afresh. There would be no resumption of supply till final order is passed by respondent no.3.

Shashi.

(Samarendra Pratap Singh, J) U