Patna High CourtCWJC/20054/2011allowed

Arun Paswan v. The State Of Bihar And ORS

2015-08-10Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.20054 of 2011 (4) dt.10-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20054 of 2011 ====================================================== Arun Paswan Son Of Late Lal Paswan Resident Of Village-Barahpur Bindtoli, P.S. Mokama, District-Patna. .... .... Petitioner

Versus

1. The State Of Bihar.

2. The Collector Patna.

3. The Sub-Divisional Officer Barh, District-Patna.

4. The District Supply Officer Patna.

5. The Block Supply Officer Barh, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Respondent/s : Mr. Rishiraj Sinha GP19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-08-2015 The petitioner, a PDS dealer having Licence No.408 of 2007 under Mokama block, Sub division Barh, district Patna submits that for the same offence he has been inflicted with two punishments vide letter dated 18.9.2008 by which his licence was suspended and again vide letter dated 24.11.2008 his licence was cancelled.

Counsel for the State, referring to the counter affidavit, submits that on a public complaint with regard to non supply of Kerosene oil by the PDS dealer, the petitioner had been found defaulter on inspection and steps were taken thereafter under the Bihar Control Order, 2001.

I find substance in the submission of the petitioner in view of Division bench judgment of this court covering the matter.

Patna High Court CWJC No.20054 of 2011 (4) dt.10-08-2015 In the result, this writ petition is allowed. Both impugned orders are set aside with liberty to the respondents to proceed afresh after giving opportunity of hearing to the petitioner.

(Samarendra Pratap Singh, J) Shashi.