Durga Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.13616 of 2013 (3) dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13616 of 2013 ======================================================

1. Durga Prasad Son Of Late Ram Chandra Prasad Resident Of Kajitola, P.S. Town, Dist. Bhojpur At Arrah .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary, Food And Civil Suppy Corporation, Govt. Of Bihar

2. The Sub Divisional Officer, Sadar, Arrah

3. The Marketing Officer, Arrah .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari Mr. Anujit Sinha, Advocate For the Respondent/s : Mr. Praveen Kumar,AC to GP 22 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 07-09-2015 The petitioner is a PDS dealer under Ara Sub Division. His licence has been cancelled by order dated 26.4.2013 passed by the Sub-Divisional Officer, Sadar, Arrah, even without issuing show cause notice to the petitioner, on the ground of pendency of criminal case under the Essential Commodities Act. I find that the impugned order is not sustainable as the same has been passed even without affording show cause notice to the petitioner. The impugned order dated 26.4.2013 passed by the Sub-Divisional Officer, Sadar, Arrah is set aside and the matter is remitted to him with liberty to proceed afresh in accordance with law.

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