Patna High CourtCWJC/25191/2013allowed

Sushila Devi v. The State Of Bihar And ORS

2015-09-07Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25191 of 2013 ====================================================== Sushila Devi, W/O Raj Karan Ram, R/O Village- Dedhpura, P.ODedhpura, P.S- Mahnar, District- Vaishali. .... .... Petitioner

Versus

1. The State of Bihar, through the Secretary, Food and Supply Department, Bihar, Patna.

2. The Director, Food and Supply Department, Bihar, Patna.

3. The District Magistrate, Vaishali.

4. The District Supply Officer, Vaishali.

5. The Sub- Divisional Officer, Mahnar, Vaishali.

6. The Block Supply Officer, Sahdaei Buzurg, District- Vaishali. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar For the Respondent/s : Mr. Nivedita Nirvikar ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 07-09-2015 The petitioner initially prayed for seeks quashing the order dated 03.11.2012 passed by Sub-Divisional Officer, Mahnar, Vaishali (respondent no.5), by which his P.D.S. license has been cancelled.

By filing interlocutory application, bearing I.A. No. 856 of 2015, the petitioner also seeks quashing of order dated 16.08.2014 passed in P.D.S. Appeal Case no. 178 of 2012-13 by the appellate authority.

The petitioner submits that though the enquiry report contained a number of allegations, still the copy of the same was not given to him.

The petitioner after filing show-cause has now

Patna High Court CWJC No.25191 of 2013 (2) dt.07-09-2015 2 / 2 obtained a copy of the enquiry report.

The impugned orders, cancelling the license of the petitioner by the Sub-Divisional Officer and affirmed in appeal by the appellate authority, are set aside. The petitioner is directed to file a show-cause reply within four weeks from today, whereafter the licensing authority would proceed to dispose of the matter in accordance with law.

This application stands disposed of.

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