Patna High CourtCWJC/18381/2013allowed

Arun Kumar Jaiswal v. The State Of Bihar And ORS

2015-10-30Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.18381 of 2013 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18381 of 2013 ======================================================

1. Arun Kumar Jaiswal Son Of Late Jogendra Bhagat Resident Of Village - Tapua, P.O. Budhuchak, P.S. Ekchari, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary Food And Consumer Protection Department, Old Secretariat, Patna

2. The Collector, Bhagalpur, District - Bhagalpur

3. The Sub - Divisional Officer, Kahalgaun, District - Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh For the Respondent/s : Mr. Shail Kumari ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 30-10-2015 The petitioner holds PDS licence within Kahalgaon SubDivision. As there was allegation against him, his shop was attached to the shop of one Ramchandra Bhagat, another licensee under PDS system. Thereafter show cause notice dated 6.6.2008 was issued to the petitioner as to why his licence be not cancelled. As there was no show cause reply, the petitioner's licence was cancelled vide order dated 11.10.2008. The case of the petitioner is that he did not receive any show cause notice. On the other hand, the case of the State is that the petitioner has lost interest in running the PDS shop and he is residing in Bombay.

Having regard to the facts of the case, I am inclined to grant

Patna High Court CWJC No.18381 of 2013 (3) dt.30-10-2015 one opportunity to the petitioner to file show cause reply. In case the petitioner files a show cause reply, the same would be considered on its own merit without prejudice, subject to any third party right created in the meantime. The impugned order dated 11.10.2008 passed by the Sub-Divisional Officer, Kahalgaon is set aside.

In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U