Shabbuddin Mansuri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22453 of 2014 ====================================================== Shabbuddin Mansuri Son of Late Fakruddin Mansuri Resident of VillageDakshini Amdabad, P.S. Amdabad, District- Katihar .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Katihar.

3. The District Supply Officer, Katihar.

4. The Sub-Divisional Officer, Manihari, District- Katihar.

5. The Senior Deputy Collector, District Legal Cell, Katihar.

6. The Block Supply Officer, Amdabad, District- Katihar. Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Respondent/s : Mr. Gp4- Uma Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and the State. The petitioner, who is a P.D.S. dealer prays for quashing order dated 23.9.2013, passed by respondent no. 4 by which his PDS licence has been cancelled on the ground of institution of a case under 7 E C Act against him. The petitioner states he was also issued a notice.

A license cannot be cancelled in view of pendency of a criminal case as per 2007 Control Orders, as amended in the year 2011. The impugned order cancelling the P.D.S. license of the petitioner is set aside and the matter is remitted to the licensing authority to proceed afresh in accordance with law. This writ application is allowed to the extent mentioned above.

Shashi.

(Samarendra Pratap Singh, J) U