Patna High CourtCWJC/12050/2013disposed

Sri Mahendra Prasad Gupta v. The State Of Bihar And ORS

2015-08-18Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12050 of 2013 ====================================================== Sri Mahendra Prasad Gupta, son of Late Ram Kishore Gupta, resident of Village - Sarsi, P.S. Barmankhi, District - Purnea .... .... Petitioner

Versus

1. The State of Bihar, through its Collector, Purnea

2. The S.D.O., Bankankhi .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Ananda, Advocate For the Respondent/s : Mr.

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

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the State.

2. The petitioner is a licensee under the P.D.S. scheme bearing license no. 115 of 2007 under Majhua Panchayat within the district of Purnea.

3. The petitioner prays for setting aside the order dated 09.09.2011 passed by the Collector, Purnia in Supply Appeal No. 13 of 2011, upholding the order of the licensing authority cancelling his license.

4. The petitioner submits that he has been inflicted both punishment of suspension and cancellation, which is not permissible in law in view of 2007 Control Order.

5. In this view of the matter, the impugned order suspending and cancelling the license are hereby set aside. However, it will be open for the licensing authority to proceed

Patna High Court CWJC No.12050 of 2013 (2) dt.18-08-2015 2 / 2 afresh after issuing fresh show-cause.

6. This application stands disposed of.

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