Patna High CourtCWJC/15675/2013allowed

Dhirendra Kumar Singh v. The State Of Bihar And ORS

2015-09-11Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15675 of 2013 ====================================================== Dhirendra Kumar Singh, Son of Jalodrig Singh, resident of Gram Panchayat- Goth Baruari, P.S- Supaul, District- Supaul. .... .... Petitioner

Versus

1. The State of Bihar

2. District Magistrate, Supaul.

3. Sub- Divisional Officer, Supaul.

4. Block Supply Officer, Supaul.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Respondent/s : Mr.

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

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner, who is a P.D.S. dealer, seeks quashing of order dated 28.06.2013, passed by the licensing authority, by which his license has been cancelled on the ground of criminal case.

Learned counsel for the petitioner submits that the impugned order has been passed without affording an opportunity of hearing. Furthermore, as per Clause 14 of 2011 Control Orders, a license can be cancelled, if the licensee has been convicted in a case under Essential Commodities Act.

The writ application is allowed. The impugned order cancelling the license of the petitioner is set aside with liberty to

Patna High Court CWJC No.15675 of 2013 (2) dt.11-09-2015 2 / 2 the respondents to proceed afresh in accordance with law. This application stands allowed.

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