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Patna High CourtCWJC/16664/2013allowed

Sanjay Kumar Das 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.16664 of 2013 ====================================================== Sanjay Kumar Das S/O Sri Chulahai Das Resident Of Rampur, P.S.- Nathnagar, District- Bhagalpur.... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Bhagalpur

2. The Commissioner, Bhagalpur Division, Bhagalpur

3. The Sub-Divisional Officer, Sadar, Bhagalpur

4. The Block Supply Officer, Nathnagar, Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s : Mr. Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-08-2015 The petitioner challenges order of the SDO, Sadar, Bhagalpur dated 18.6.2013, cancelling his PDS License no.1/1994.

The petitioner submits that the cancellation order has been passed without considering his show cause. In support of the submission, a decision in case of Bhola Pd.Yadav Vs. The State of Bihar and others, reported in 2010(3) PLJR 825, has been referred to by the petitioner.

I find substance in the submission of the petitioner as the Licensing authority should state whether the show cause reply was satisfactory or not. The writ petition is allowed and impugned order is set aside with liberty to the respondents to proceed in the matter afresh.

Shashi.

(Samarendra Pratap Singh, J) U