Patna High CourtCWJC/5060/2015allowed

Naresh Choudhary v. The State Of Bihar And ORS

2017-01-10Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5060 of 2015 =========================================================== Naresh Choudhary S/o Late Ram Chandra Choudhary, Resident of villageBharatpura, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar through Secretary, Food & Civil Supply Department, Govt. of Bihar, Patna.

2. The Sub Divisional Officer, Paliganj .

3. The Block Supply Officer, Dulhin Bazar.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : M/s N.K.Agarwal, Sr. Advocate For the Respondents : Mr. Anil Kumar , AC to SC 8. =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 10-01-2017 Heard parties.

Sole ground taken by the petitioner for assailing Annexure 4 which is an order dated 26.02.2015 passed by the Licensing Authority-cum-Sub-Divisional Officer, Paliganj cancelling the PDS licence, is that unless show cause notice issued to the petitioner discloses its purpose that it was being issued for a proceeding of cancellation of licence, the licence cannot be cancelled. This issue is no longer res integra as this Court on several occasions has held that unless specific notice is issued for cancellation of licence it cannot be held that adequate opportunity was granted to the licensee for making out his case as per the mandate of Clause 7(ii) of the Public Distribution System (Control) Order, 2001.

Patna High Court CWJC No.5060 of 2015 dt.10-01-2017 2/2 A reference is made to an unreported judgment dated 12.07.2015 rendered by this Court in C.W.J.C. No.2488 of 2014 (Jagat Narayan Singh Vs. the State of Bihar & Ors.).

Accordingly, this writ application succeeds on the aforesaid sole ground. The impugned order as contained in Annexure 4 is quashed and set aside. As consequence thereof, the licence of the petitioner has to be restored immediately.

However, this order would not come in the way of the Licensing Authority in launching a fresh proceeding if it comes to the conclusion that petitioner has violated any provision of the PDS(Control) Order, 2001 or terms and conditions of the licence etc. but, in such case, reasonable opportunity would have to be granted to the petitioner.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.02.2017 Transmission Date NA