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Patna High CourtCWJC/18173/2013allowed

Vijay Kumar Singh v. The State Of Bihar And ORS

2015-08-28Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18173 of 2013 ====================================================== Vijay Kumar Singh Son Of Late Balo Singh Resident Of Village- Pipra, P.S.- Fatehpur, District- Gaya .... .... Petitioner

Versus

1. The State Of Bihar

2. The District Magistrate, Gaya

3. The Commissioner, Magadh Division, Gaya

4. The Sdo, Sadar, Gaya ... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Rajesh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-08-2015 The petitioner challenges order of the SDO, Sadar, Gaya 13.2.2008 cancelling his PDS License no. 6 of 1987 as well as appellate order dated 3.6.2010 and revisional order dated 26.7.2012 on the ground that the all the three orders have been passed without considering the show cause reply. Reference to the Division bench decision in case of M/s Umesh Chandra Dinesh Kumar Vs. State of Bihar and others, reported in [1999(2)], BBCJ, has been given by the petitioner in support of his case.

While perusing the order of the Licensing authority, I find substance in the submission of the petitioner. The writ petition is allowed and the impugned orders are set aside.

Shashi.

(Samarendra Pratap Singh, J) U