Anil Kumar Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7250 of 2016 ====================================================== Anil Kumar Singh S/o Late Ram Prasad Singh, R/o Village- Paswan, P.S.- Daudnagar, Panchayat Kasma, Anchal Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Sub-Divisional Officer, Daudnagar, P.S.- Daudnagar, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate For the Respondent/s :

Mr. Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023 The petitioner, by way of this writ petition, prays for restoration of his license granted and prays for quashing of the orders dated 16.10.2011 and 17.10.2011 whereby his license for public distribution system shop was cancelled. Learned counsel for the petitioner submits that on account of ill-health and other supervening circumstances, the petitioner did not have the requisite amount to purchase the essential goods which were required to be distributed. However, now the petitioner is in fit condition and he, therefore, should be allowed to run the shop and the cancellation order be quashed. I have considered the submissions. Reply has been filed and it is stated that the petitioner was served a show-cause

Patna High Court CWJC No.7250 of 2016(2) dt.20-03-2023 2/2 for non-depositing of demand draft for procuring essential commodities of Antyodaya Yojana and PDS articles for September, 2011 which was one of the violations of condition of license.

It is noticed that the petitioner has himself stated in his letter to the licensing authority informing that he is not capable of lifting the requisite ration, Kerosene oil etc. as he is unwell and has to leave his place of residence. He is also stated that on account of paucity of funds, he would be unable to continue to run the PDS shop. The letter is on record. Thus, this Court finds that the petitioner himself has surrendered his PDS license. After having surrendered his PDS license, he cannot be allowed to turn back and get the same restored after he has not availed of the PDS license facility for years together.

The writ petition is devoid of merit and is, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Gauravkr/- Item No. 46 U