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Patna High CourtCWJC/8692/2020disposed

Binoy Yadav @ Vinay Kumar Yadav @ Binay Kumar Yadav v. The State Of Bihar

2021-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8692 of 2020 ====================================================== Binoy Yadav @ Vinay Kumar Yadav @ Binay Kumar Yadav S/o- Devendra Lal Yadav resident of Village- Kalsar (Bhawanipur), P.S.- Hassanganj, District- Katihar. (P.D.S. Dealer bearing License No.- 83/2018). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2.

The Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Purnea.

4.

The District Magistrate, Katihar.

5.

The District Supply Officer, Katihar.

6.

The Licensing Authority-Cum- Sub- Divisional Officer, Sadar, Katihar. 7.

The Block Supply Officer, Hasanganj Block, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the State :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2021 The petitioner is aggrieved by the order dated 29.04.2020 passed by the Sub-Divisional Officer, Katihar (Respondent No. 6) vide memo No. 135 as contained in Annexure-5, whereby the PDS license of the petitioner has been suspended.

Learned counsel for the petitioner would submits that respondents have arbitrarily decided to suspend the PDS license of the petitioner without

Patna High Court CWJC No.8692 of 2020(2) dt.03-02-2021 2/2 application of mind.

Similar issue was decided by a Bench of this Court in C.W.J.C No. 24130 of 2018 and other analogous cases vide order dated 06.03.2019 (Annexure-8).

In order to maintain consistency, the present writ application is also disposed off in the light of batch of writ petitions decided by a Bench of this Court vide order dated 06.03.2019 (Annexure-8 to the present writ petition).

Accordingly, the order dated 29.04.2020 passed by the Sub-Divisional Officer, Katihar (Respondent No. 6) vide memo No. 135 (Annexure-5) is quashed.

The writ application stands disposed off accordingly.

(Anil Kumar Upadhyay, J) Shageer/- U