Ran Vijay Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 16374 of 2016 ================================================== Ran Vijay Singh, Son of Late Vishwanath Singh, Resident of VillageParasian, P.S. Nasriganj, District- Rohtas. .... .... Petitioner.
Versus
1. The State of Bihar through Principal Secretary Food and Supply, Government of Bihar, Patna.
2. The District Magistrate Rohtas at Sasaram.
3. The Sub-Divisonal Officer, Bikramganj, Rohtas.
4. The Block Development Officer Nasriganj, Rohtas. .... .... Respondents.
=================================================== Appearance :
For the Petitioner : Md. Naseem Mukhtar, Adv. For the Respondents: Mr. Sanjay Kumar Giri, GP-9. =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 01-12-2016 Heard learned counsel for the petitioner and the State. Petitioner seeks quashing of the order dated 07.08.2016 passed by the Licensing Authority-cum Subdivisional Officer, Bikramganj, Rohtas, as contained in Annexure-2 by which PDS lincence No. 19 of 2007 of the petitioner has been cancelled on the ground that FIR under Section 7 of the Essential Commodities Act has been registered against him.
In my view, there is no such provision of cancellation of licence in the Targeted Public Distribution System (Control)
Patna High Court CWJC No.16374 of 2016 dt.01-12-2016 order, 2015. Clause 28 of the Act lays down as under:- "28. Actions to be taken a licensee after a FIR lodged If an FIR is lodged against a license under the Essential Commodities Act, 1955 or for any other criminal cases, and he is sent to jail or he goes fugitive, his license shall be suspended by the licensing authority with immediate effect, and after serving show cause notice upon him in accordance with Civil Procedure Code and giving him sufficient opportunity to present his case, a lawful action shall be taken within 180 days, as far as possible."
Thus, it is clear as per the above that the procedure laid down as above has not been followed at all and the licence has been cancelled on the ground that FIR has been lodged. Accordingly, this writ petition is allowed and the impugned order, as contained in Annexure-2 is quashed and set aside.
Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2017 Transmission Date NA