Patna High CourtCWJC/19216/2013allowed

Shyam Balak Kumar v. The State Of Bihar And ORS

2015-08-28Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19216 of 2013 ====================================================== Shyam Balak Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Girija Shankar Pd, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-08-2015 The petitioner is a PDS dealer having Licence no. 23050057 of 2008 within Muzaffapur district. He states that his licnece was suspended on 21.2.2012 and then cancelled on 6.3.2003. While referring to a Division bench decision in case of Shiv Chandra Jha Vs. Harideo Jha, reported in 2013(3)PLJR 956, learned counsel submits that once a PDS dealer is saddled with punishment of suspension of licnece he cannot be awarded punishment of cancellation of licence.

I find substance in the submission of the petitioner. The writ petition is allowed and the impugned orders are set aside.

(Samarendra Pratap Singh, J) Shashi.