Patna High CourtCWJC/14637/2013allowed

Md. Aalim v. The State Of Bihar And ORS

2015-09-10Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.14637 of 2013 (2) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14637 of 2013 ======================================================

1. Md. Aalim Son Of Md. Nabbu Miyan Resident Of Village - Rampur Mohinach, Panchayat - Pirapur, Police Station - Bandra, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Food And Civil Supply, Government Of Bihar At Patna

2. The Commissioner, Tirhut Division, Muzaffarpur

3. The Collector Cum Chairman District Selection Committee, Muzaffarpur

4. The Sub - Divisional Officer Cum Licensing Authority, West Muzaffarpur

5. The District Supply Officer, Muzaffarpur

6. The Block Supply Officer, Kurhni, District - Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mazharul Hassan For the Respondent/s : Mr. Jaishankar Barnwal ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and the State. The petitioner holds a license for PDS shop. He submits that for the same allegation his licence was first suspended and thereafter cancelled which is not permissible under clause 7 of the Bihar Fair Price Shops Order, 2007.

The petitioner in support of his contention relies upon a decision in the case of Shiv Chandra Jha v. Harideo Jha, reported in 2013(3) PLJR 956.

I find substance in the submission of the petitioner. Clause 7 of the Bihar Fair Price Shops Order, 2007 prohibits from

Patna High Court CWJC No.14637 of 2013 (2) dt.10-09-2015 inflicting both punishment of suspending license as well as its cancellation.

In the result, this writ application is allowed and the impugned order dated 30.12.2011 passed by the Sub Divisional Officer, East Muzaffarpur is set aside with liberty to the respondents to proceed afresh after issuing fresh notice to the petitioner.

(Samarendra Pratap Singh, J) KHAN/- U