Kedar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18902 of 2013 ====================================================== Kedar Prasad Son Of Late Dukhan Ram Resident Of Millki Mohalla , Ward No. - 25, Arah, P.S. - Town (Arah), Distt. - Bhojpur .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary, Food And Civil Supply Corporation, Govt. Of Bihar, Patna

2. The Sub Divisional Officer, Sadar, Bhojpur At Arrah

3. The Marketing Officer, Distt Bhojpur At Arrah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-08-2015 The petitioner is a PDS dealer under Ara Sub division. He submits that by the impugned order dated 26.4.2013, the SDO, Sadar has cancelled his licence on the ground of pendency of the criminal case without issuing a show cause notice.

Learned counsel for the petitioner submits that Clause 7(2) of the 2007 Control order mandates at least an opportunity of being heard before cancellation of licence. In that view of the matter, the impugned order is set aside and the matter is remitted to the SDO, Sadar Ara to proceed afresh after giving a show cause notice. (Samarendra Pratap Singh, J) Shashi.

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