Yadu Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23476 of 2013 ====================================================== Yadu Manjhi Son Of Sailesh Manjhi Resident Of Village- Bari Tangraila, Police Station- Naubatpur, District- Patna .... .... Petitioner

Versus

1. The State Of Bihar

2. The Additional District Magistrate (Supply) Patna, District- Patna

3. The Sub-Divisional Officer, Danapur, Patna

4. The Block Supply Officer, Naubatpur, District- Patna .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar Singh For the Respondent/s : Mr. Rajiv Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 30-10-2015 The petitioner prays for quashing order dated 16.8.2013 passed by respondent no.3 by which his PDS licence no. 25 of 2007 has been cancelled.

The petitioner submits that the show-cause notice itself was defective, as it did not mention the proposed punishment in case the show-cause reply is not found satisfactory. The contention of the petitioner has substance. This Court has observed that in matters of P.D.S. license, the authority issuing the show-cause notice must express the proposed punishment sought to be inflicted, which is absent in the instant case. In support of the contention, petitioner has referred to order dated 14.9.2012, passed in C.W.J.C.No. 23182 of 2011. The writ petition is disposed of with liberty to the petitioner to file an appeal before the appellate court and to take

Patna High Court CWJC No.23476 of 2013 (2) dt.30-10-2015 2/2 the points before it.

In case, petition for condonation of delay is filed, the same would be considered sympathetically, as the petitioner was pursuing the remedy before this Court.

Shashi.

(Samarendra Pratap Singh, J) U