Uday Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7757 of 2016 ======================================================

1. Uday Singh son of Late Pahalwan Singh, resident of Village- Amani, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar through Collector, Khagaria.

2. The S.D.O., Khagaria.

3. The B.S.O., Mansi, Khagaria.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the State : Mr Arvind Kumar, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the order dated 16.4.2016 passed by the Sub Divisional Officer, Khagaria by which he has cancelled his licence for running a PDS shop.

Petitioner is running a PDS shop, on the basis of the report of the District Supply Officer dated 2.4.2016 a proceeding was initiated wherein five charges have been mentioned about running the PDS shop and asked him to file show cause which petitioner has filed reply in detail but the Sub Divisional Officer without considering the reply has passed the order thereby cancelled the licence.

Patna High Court CWJC No.7757 of 2016 (2) dt.30-10-2017 As cancellation of the licence entails civil consequence the authority was required to consider the objection and pass a reasoned order.

In such view of the matter, the order dated 16/4/216 passed by the Sub Divisional Officer, Khagaria in quashed and matter is remanded back with a direction to the concerned authority to pass a reasoned order in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U