Sohan Uraon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17750 of 2013 ====================================================== Sohan Uraon, Son of Mahavir Uraon, Resident of Village- Ranipur Neemtal, P.O. and P.S- Phulwarisharif, District- Patna. .... .... Petitioner.

Versus

1. The State of Bihar through the Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate and Collector, Patna, District- Patna.

3. The Licensing Authority- Cum- Divisional Officer, Sadar Patna, District- Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh, Advocate For the Respondent/s : Mr. Manikant Mishra ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is a P.D.S. dealer within Patna district. He seeks quashing of the order dated 06.03.2012 passed by the Sub-Divisional Officer, by which his license has been cancelled, as well as the order dated 24.07.2013 passed by the District Magistrate, Patna in Appeal No. 64 of 2012-13. The petitioner submits that he was not able to file his show-cause and his license has been cancelled without considering the show-cause reply.

A counter affidavit has been on behalf of the respondent nos. 2 and 3. It is submitted that the petitioner did not file his show-cause reply, despite opportunity granted to him. The

Patna High Court CWJC No.17750 of 2013 (2) dt.17-09-2015 2 / 2 petitioner did not deposit the necessary amount for lifting the food-grains under different schemes. Furthermore, the order of the appellate authority is revisable before the learned Commissioner. It is relevant to state here that the enquiry report has been annexed as Annexure-A to the counter affidavit filed on behalf of the respondents.

The petitioner, on the other hand, seeks one last opportunity for filing his show-cause reply, so that he can meet the allegations made against him.

In the facts and circumstances, I am inclined to grant one opportunity to the petitioner to file his show-cause before the licensing authority within four weeks from today. In case, the petitioner files his show-cause reply, thereafter the licensing authority would proceed to dispose of the same on its own merit. In the result, the impugned orders of the two authorities are set aside. There would be no resumption of supply of trade articles.

This application stands disposed of.

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