Tula Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1639 of 2014 ====================================================== Tula Kant Jha S/O Late Upendra Jha Resident Of Village- Rahika, P.S.- Rahika, District- Madhubani .... .... Petitioner

Versus

1. The State Of Bihar Through The District Magistrate, Madhubani

2. The Sub Divisional Officer, Sadar Madhubani

3. The Block Supply Officer, Rahika .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Senior Advocate and Mr. D.N.Tiwari, Advocate For the Respondent/s : Mr. Anil Kr Uapdhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 30-11-2015 The petitioner prays for setting aside order dated 25.9.2012, passed by respondent no.2 by which his PDS license no. 344/2008 has been cancelled.

The petitioner submits that he had been taken into custody on account of filing of Rahika Police Station case no. 134 of 2012 under section 7 of the EC Act on 31.8.2012 in which he had been released on 1.10.2012. As the show cause had been issued to him on 31.8.2012, he could not file his effective reply and on 25.9.2012 his PDS license was cancelled. I find substance in the submission of the petitioner. The impugned order is set aside with direction to the petitioner to submit his show cause reply within a period of four weeks from today, whereafter the respondents may proceed in accordance with law.

Shashi.

(Samarendra Pratap Singh, J) U