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Patna High CourtCWJC/8016/2020allowed

Sri Bindeshwar Rajak, v. The State Of Bihar

2021-03-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8016 of 2020 ====================================================== Sri Bindeshwar Rajak, Son of Late Thakko Rajak, Resident of Village and Post - Yogiyara, P.S. - Bahadurpur (Fekla OP), Dist. - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Food and Consumer Protection Department.

2.

The Collector, Darbhanga.

3.

The Licensing-cum-Sub- Divisional Officer, Sadar, Darbhanga. 4.

District Supply Officer, Darbhanga.

5.

The Block Supply Officer, Bahadurpur, Darbhanga. 6.

The Block Supply Inspector, Bahadurpur, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushalesh Choudhary, Advocate For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and the State.

The PDS licence of the petitioner has been suspended only because an FIR was lodged against the petitioner i.e. Bahadurpur (Fekla O.P.) P.S. Case No. 157 of 2020. Learned counsel for the petitioner submits that simply because the FIR was lodged, the respondents suspended the PDS licence of the petitioner without providing opportunity of hearing to him.

Considering the submission of the petitioner that no opportunity of hearing was provided to him before suspending

Patna High Court CWJC No.8016 of 2020(2) dt.09-03-2021 2/2 the licence, the impugned order suspending the licence of the petitioner dated 31.03.2020 is quashed. The respondents are directed to take appropriate final decision afresh with regard to suspension of licence of the petitioner after providing opportunity of hearing to the petitioner.

With the aforesaid, the writ petition stands allowed and disposed of.

(Anil Kumar Upadhyay, J) spandey/- U