Baidyanath Sahu @ Baidyanath Sah v. The State Of Bihar And ORS
Patna High Court CWJC No.2633 of 2016 dt.10-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2633 of 2016 =========================================================== Baidyanath Sahu @ Baidyanath Sah S/o late Yugal Sahu R/o Village- Lakhmina P.s Kusheshwar Asthan District Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Darbhanga.
2. Sub-Divisional Magistrate, Biroul, District Darbhanga
3. Block Supply Officer, Kusheswar Ashtan West, District Darbhanga.
4. Block Development Officer, Kusheshwar Asthan, District Darbhanga. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate Mr. D.N.Tiwary, Adv Mr. Om Prakash Singh, Adv For the Respondent/s : Mr. Ashok Kumar Dubey, AC to AAG 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-04-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.
2. The present writ petition has been filed for quashing the order contained in Memo No. 1543 dated 23.09.2008 issued by the Sub Divisional Officer, Biroul, District Darbhanga (respondent no. 2), whereby and whereunder the petitioner's PDS licence no. 94 of 2001 has been suspended; and for a direction to the respondents to restore the license of the Public Distribution System of the petitioner with immediate effect.
3. Learned counsel for the petitioner invites attention to the impugned order dated 23.09.2008 according to which the petitioner's PDS license has been suspended on the ground that an F.I.R. bearing Kusheswar Asthan P.S. Case No. 124/2008 has been instituted against him under Section 7 of the Essential Commodities Act. It is submitted that the conditions for suspension of the licence in terms of Clause 7(v)
Patna High Court CWJC No.2633 of 2016 dt.10-04-2018 of the Public Distribution (Control) Order, 2007, are not satisfied.
4. Learned counsel for the respondents relies on the counter affidavit to oppose the writ petition submitting that an FIR has been instituted against the petitioner pursuant to which the licence of the PDS shop of the petitioner has been suspended as he was found to be indulging in black marketing of PDS kerosene oil.
5. It is pointed out that even though the order of suspension has been passed as far back as on 23.09.2008, no show cause notice thereafter for taking any lawful action against the petitioner has been served within a period of 90 days thereafter, as contemplated under Rule 7(v) aforesaid.
6. The impugned order dated 23.09.2008 (Annexure-3) is hereby quashed and the PDS licence of the petitioner stands restored. Supplies to the petitioner shall be resumed without delay.
7. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 27.04.2018 Transmission Date NA