Rajendra Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.18322 of 2013 (4) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18322 of 2013 ======================================================

1. Rajendra Ram Son Of Late Bathu Ram Resident Of Village - Ram Nagar Bazar Kumar Khand Madhepura .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner, Saharsa

3. The District Magistrate, Madhepura

4. The Sub - Divisional Officer, Udakishunganj, Madhepura

5. The District Supply Officer, Madhepura

6. The Block Supply Officer Kumarkhand Madhepura

7. The District Manager Bihar State Food Corporation Of India Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-09-2015 The petitioner is a PDS dealer holding licence no.02/2011 within Kumar Khand Block in the district of Madhepura. The petitioner submits that the main allegation against him that he failed to supply the required quantity of Kerosene oil to six of its consumers. The petitioner states that even assuming the case of the State to be true, the total short fall of Kerosene oil is of only 16 liters. He further submits that he has already been punished sufficiently as his licence was cancelled in July, 2010. He submits that the short fall of Kerosene oil occasioned as he could not lift sufficient quantity of Kerosene oil.

Having regard to the facts and circumstances of the case,

Patna High Court CWJC No.18322 of 2013 (4) dt.21-09-2015 the impugned order cancelling his licence which was affirmed in appeal and revision are set aside. The restoration of licence would be subject to any third party right created in the meanwhile. In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U