Patna High CourtCWJC/14892/2013allowed

Sujeet Kumar v. The State Of Bihar And ORS

2015-09-11Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14892 of 2013 ====================================================== Sujeet Kumar S/O Rajendra Prasad Sah Resident Of Village- Tarapur, P.S. Tarapur, District- Munger .... .... Petitioner

Versus

1. The State Of Bihar

2. The District Magistrate, Munger

3. The Sub-Divisional Officer, Tarapur, District- Munger

4. The Block Supply Officer, Tarapur, District- Munger .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Respondent/s : Mr. Rajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-09-2015 The petitioner seeks quashing of the order dated 17.6.2010, by which his PDS licence no. 11/2008 has been suspended by respondent no.3 in view of institution of FIR. Learned counsel for the petitioner submits that no show cause was served on him before passing order. Further, after 23.6.2011 amendments, a license cannot be suspended on the ground of institution of FIR.

Plea of the petitioner is well covered by several decisions of this Court. In the result, the impugned order cancelling petitioner's license is set aside with liberty to the respondents to proceed afresh.

(Samarendra Pratap Singh, J) Shashi.