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Patna High CourtCWJC/12891/2013allowed

Anil Kumar v. The State Of Bihar And ORS

2015-08-21Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12891 of 2013 ====================================================== Anil Kumar Son Of Shri Jawaher Lal Sah Resident Of Village - Rahimabad, P.S. Bangra, District - Samastipur .... .... Petitioner

Versus

1. The State Of Bihar

2. The Collector, Samastipur

3. The Sub - Divisional Officer, Samastipur

4. The District Supply Officer, Samastipur

5. The Block Supply Officer Tajpur, Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Respondent/s : Md.K.Akhtar, AC to AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-08-2015 The petitioner prays for quashing order dated 16.7.2011 by which his PDS licence No.87 of 2007 has been cancelled. He further prays for quashing appellate order dated 7.8.2012. It appears that the licence of the petitioner has been cancelled on a number of allegations made against him on basis of inspection report which was not served upon him. The petitioner ought to have been served the inspection report. As such, the impugned orders, dated 16.7.2011 and 7.8.2012 are set aside and the matter is remanded to the Licencing authority to pass order afresh after serving a copy of the inspection report to him. It is expected that the Licencing authority will dispose of the case within four months from the date of filing of the representation by the petitioner.

Patna High Court CWJC No.12891 of 2013 (2) dt.21-08-2015 As the petitioner succeeds on merely technical ground, supply of items would not be resumed till disposal of the representation by the Licencing authority.

The writ petition is allowed to the extent indicated above. (Samarendra Pratap Singh, J) Shashi./- U