Umesh Paswan v. The State Of Bihar And ORS

Patna High Court CWJC No.12721 of 2013 (3) dt.28-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12721 of 2013 ====================================================== Umesh Paswan .... Petitioner/s

Versus

The State of Bihar & Ors .. Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. D.N. Tiwari, Advocate For the Respondent/s : Mr. AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-08-2015 The petitioner is a PDS dealer holding licence no.142/2007 within Bankey Bazar Prakhand in the district of Gaya. The petitioner has challenged the order of the Appellate authority affirming the order of the licensing authority cancelling the licence of the petitioner.

I find that the impugned order cancelling the licence of the petitioner was substantially in terms of opinion sought by the licensing authority from the Block Supply Officer, Bankey Bazar which is not permissible in law.

The impugned orders are, accordingly, set aside and the matter is remitted to the licensing authority for fresh consideration of the matter in accordance with law.

In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U