Raj Kumar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3800 of 2014 ====================================================== Raj Kumar Prasad Son Of Shri Feku Bhagat Resident Of Village - Kenarchatty, Police Station - Wazirganj, District - Gaya .... Petitioner

Versus

1. The State Of Bihar Through The Principal Secretary Department of Food And Consumers Protection, Government Of Bihar, Patna

2. The Sub - Divisional Officer, Sadar Gaya, District - Gaya

3. The Block Supply Officer, Wazirganj, Distt. - Gaya ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-09-2015 The petitioner seeks quashing of the order dated 22.9.2012, by which his PDS licence No. 46/2007 has been cancelled in view of institution of FIR bearing Wazirganj Police station Case No. 173 of 2012 under section 7 of the EC Act. Further no show cause was issued to him before passing of the order.

Learned counsel for the petitioner submits that after 23.6.2011 amendments, a license cannot be cancelled on the ground of institution of FIR.

Plea of the petitioner is well covered by several decisions of this Court. In the result, the impugned order cancelling petitioner's license is set aside with liberty to the respondents to proceed afresh.

There would be no resumption of supply till final order is passed.

Shashi.

(Samarendra Pratap Singh, J) U