Patna High CourtCWJC/9544/2014allowed

Jawahar Lal Mahto v. The State Of Bihar And ORS

2015-09-18Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.9544 of 2014 (2) dt.18-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9544 of 2014 ======================================================

1. Jawahar Lal Mahto son of Late Babulal Mahto Resident of village - Birakh, P.S. Sursand, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Food and Civil Supplies, Government of Bihar, Patna.

3. The District Magistrate, Sitamarhi, District - Sitamarhi.

4. The Sub-Divisional Officer, Pupri, District - Sitamarhi.

5. The Senior Deputy Collector, Sitamarhi, District - Sitamarhi.

6. The Block Supply Officer, Sursand, District - Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Pushpendra Kumar Singh For the Respondent/s : Mr. Ajeet Kumar, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-09-2015 The petitioner holds a P.D.S. licence bearing License No.03/2011 within Birrakh Gram Panchayat in the district of Sitamarhi. The petitioner has assailed the order dated 30.11.2013 passed by the Sub-Divisional Officer, Pupri cancelling his licence. I find that the licence has been cancelled on the basis of enquiry report which contains a number of allegations. In my view, a copy of the enquiry report in such circumstances ought to have been served upon the petitioner. The respondents have annexed a copy of the enquiry report with the counter affidavit. Now that the petitioner is in know-how of the enquiry

Patna High Court CWJC No.9544 of 2014 (2) dt.18-09-2015 report, he would file a fresh show cause within a period of four weeks from today. Thereafter, the licensing authority would proceed to dispose of the matter in accordance with law. The impugned order dated 30.11.2013 passed by the Sub-Divisional Officer, Pupri cancelling license of the petitioner is set aside. There would be no resumption of supply of trade items to the petitioner till the matter is adjudicated by the licensing authority. With the aforesaid observations and directions, this writ application stands disposed of.

(Samarendra Pratap Singh, J) KHAN/- U