Indu Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.12835 of 2013 (3) dt.21-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12835 of 2013 ====================================================== Indu Devi Wife Of Sri Darvesh Paswan Resident Of Village - Lawapur, P.O. And P.S. - Mahnar, District - Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.Bipin Kumar, Advocate For the Respondent/s : Ms JC to SC 18 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-08-2015 The petitioner holds a P.D.S. licence bearing License No.01/2007. He seeks quashing of the order, dated 26.9.2012 passed by the Sub-Divisional Officer, Mahnar in Case No.03/2012-13 cancelling his licence.

The petitioner submits that there are three allegations against her in the show cause; firstly she does not open the shop regularly; secondly, the display board was not put before the shop and thirdly there were complaints made by some of the consumers against her.

The petitioner submits that the show cause based on inspection report of Block Supply Officer, Mahnar was not supplied to her. However, subsequently, she obtained a copy of the inspection report from which it would appear that 10 out of 15 complainants were not attached to her shop.

In this view of the matter, the impugned order cancelling

Patna High Court CWJC No.12835 of 2013 (3) dt.21-08-2015 her licence is set aside. Now that the petitioner has got inspection report, she would file a show cause reply before the licensing authority within four weeks and thereafter the licensing authority would proceed to decide the matter afresh within three months from the date of its filing.

In the result, this writ application is allowed. (Samarendra Pratap Singh, J) KHAN/- U