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Patna High CourtCWJC/16284/2014allowed

Sachchidanand Sharma v. The State Of Bihar And ORS

2015-09-28Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16284 of 2014 ====================================================== Sachchidanand Sharma Son of Mahavir Swarnkar resident of village - Amdabad, P.S. Amdabad, District - Katihar .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Katihar

3. The District Supply Officer, Katihar

4. The Sub - Divisional Officer, Manihari, District - Katihar

5. The Block Supply officer, Amdabad, District - Katihar .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Respondent/s : Mr. Niranjan kumar, AC to GP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-09-2015 The petitioner seeks quashing of the order dated 12.12.2013, by which his PDS licence No. 34 of 1985 has been cancelled in view of institution of FIR.

Learned counsel for the petitioner submits that after 23.6.2011 amendments, a license cannot be cancelled on the ground of institution of FIR bearing Amdabad Police station Case No. 150 of 2013.

Plea of the petitioner is well covered by several decisions of this Court. In the result, the impugned order cancelling petitioner's license is set aside with liberty to the respondents to proceed afresh.

Shashi.

(Samarendra Pratap Singh, J) U