Girdhari Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6703 of 2014 ====================================================== Girdhari Sah, S/o Late Jagrup Sah, resident of Village- Chouhaddi, Narayanpur, Panchayat- Nagarpura Uttar, P.S.- Bhawanipur (Bihpur), District- Bhagalpur.

.... .... Petitioner

Versus

1.

The State of Bihar through Secretary, Food and Supply Deptt., New Secretariat, Vikash Bhawan, Patna 2.

The District Magistrate, Bhagalpur, District- Bhagalpur 3.

The District Supply Officer, Bhagalpur, District- Bhagalpur 4.

The Sub-Divisional Officer, Naugachia, District- Bhagalpur 5.

The Block Development Officer Cum Block Supply Officer, Bihpur, District- Bhagalpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Respondent/s : Mr. A.K.Choudhary ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is a P.D.S. dealer, bearing license no. 210 of 1985.

The petitioner submits that his P.D.S. has been cancelled by the Sub-Divisional Officer, Naugachia, Bhagalpur without even asking the show-cause notice.

In the facts and circumstances of the case, the action of the Sub-Divisional Officer, Naugachia, Bhagalpur is in contravention of Clause 7 of the P.D.S. Control Order, 2007 and as such the impugned order cancelling the P.D.S. license of the petitioner is set aside with liberty to the respondents to proceed

Patna High Court CWJC No.6703 of 2014 (2) dt.10-09-2015 2 / 2 afresh in the matter after giving show-cause notice to the petitioner.

This application stands allowed.

(Samarendra Pratap Singh, J.) Uday/- U