Patna High CourtCWJC/19583/2013allowed

Surendra Dixit v. The State Of Bihar And ORS

2015-09-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19583 of 2013 ======================================================

1. Surendra Dixit Son Of Late Sherlal Dixit Resident Of Village- Jistauli, Police Station- Kathaiya, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Rural Development Department, Govt. Of Bihar, Patna

2. The Commissioner, Tirhut Division, Muzaffarpur

3. The District Magistrate, Muzaffarpur

4. The Sub-Divisional Officer (West), Muzaffarpur

5. The District Supply Officer, Muzaffarpur

6. The Block Supply Officer, Motipur In The District Of Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Advocate For the Respondent/s : Mr. MK Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-09-2015 The petitioner challenges order of the SDO, West Muzaffarpur dated 21.1.2012, cancelling his PDS License no.23020012/2008 on the recommendation of the District Level Selection committee under the chairmanship of the District Magistrate. Appeal filed by the petitioner before the Commissioner was also rejected.

Counsel for the State submits that petitioner instead of filing appeal before Collector, filed the same before learned Commissioner.

According to the petitioner, as the license has been cancelled on recommendation of the District level selection

Patna High Court CWJC No.19583 of 2013 (2) dt.04-09-2015 2/2 committee, headed by the Collector, who is also the appellate authority, he filled the appeal before the Commissioner. He next submits that the respondents have awarded both punishment of suspension and cancellation of license, which is not permissible in law in view of decision in case of Shiv Chandra Jha Vs.Harideo Jha, reported in 2013(3) PLJR 956. As a result, the writ petition succeeds and the impugned orders are set aside.

(Samarendra Pratap Singh, J) Shashi.