Patna High CourtCWJC/21592/2013disposed

Giranand Y Adav v. The State Of Bihar And ORS

2015-09-14Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21592 of 2013 ====================================================== Giranand Yadav, son of Late Darogi Prasad Yadav, resident of Gopalpur, Satwer, P.S.- Raniganj, Distt.- Araria .... .... Petitioner

Versus

1. The State of Bihar, through the Collector, Araria

2. The Sub-Divisional Officer-Cum-Licensing Authority, Sadar, Araria

3. The Block Supply Officer, Raniganj, Araria .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. Anujit Sinha, Advocate : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Ajay Kumar, AC to AAG-8 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner and the State.

2. The petitioner has assailed the order dated 10.12.2012 passed by the Sub-Divisional Officer, Araria by which his P.D.S. license has been cancelled.

3. He submits that he did not have an occasion to make a reply to show-cause notice dated 11.02.2012, as he was taken into custody in view of a criminal case dated 14.11.2011. He submits that he was released on 31.05.2012 and as such he could not furnish his show-cause reply.

4. I find that as the petitioner was in jail, he has explanations for not filing the reply to the show-cause.

5. In the circumstances, the impugned order

Patna High Court CWJC No.21592 of 2013 (2) dt.14-09-2015 2 / 2 cancelling the P.D.S. license of the petitioner is set aside. Now that the petitioner is out of jail, he should file his show-cause reply within a period of four weeks from today, thereafter the licensing authority would decide the matter in accordance with law.

6. This application stands disposed of.

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