Sudhanshu Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.21174 of 2013 (2) dt.08-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21174 of 2013 ====================================================== Sudhanshu Prasad Son Of Late Jagdish Prasad Resident Of Mohalla - Imamganj, P.S. Chapra Town, District Saran .... .... Petitioner

Versus

1. The State Of Bihar Through The Commissioner, Saran At Chapra

2. The Divisional Commissioner, Saran At Chapra

3. The Collector, Saran At Chapra

4. The Sub-Divisional Officer, Sadar, Chapra

5. The Block Supply Officer, Chapra .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. NK Agrawal, Sr. Advocate and Mr. A.Sinha, Advocate For the Respondent/s : Mr. C.Mishra, AC to GA 13. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 08-09-2015 Petitioner is a PDS dealer bearing Licence no. 112/2007. He seeks quashing of the orders of the Licensing officer, appellate authority and the revisinoal authority. The petitioner submits that his licence has been cancelled, though in the show cause notice proposed punishment was indicated to be of suspension of licence. In my view submission of the petitioner has substance. If a show cause is for proposed punishment of suspension, no order cancelling licence can be passed. As such, the impugned orders are quashed with liberty to the respondents to proceed afresh in accordance with law.

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