Dilip Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19814 of 2013 ====================================================== Dilip Paswan S/O Alakhdeo Paswan Resident Of Village- Rampur Paharpur, P.S- Sherghatti, District- Gaya ..... .... Petitioner

Versus

1. The State Of Bihar

2. The S.D.O., Sherghati, Gaya

3. The Block Supply Officer, Block- Amas, District- Gaya. Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. NK Agrawal, Sr. Advocate and Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Avnish Nandan Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-09-2015 The petitioner prays for quashing order dated 10.3.2012, passed by respondent no.2 by which his PDS Licence no. 231 of 2007 has been cancelled on the ground that his show cause reply was not satisfactory.

The petitioner submits that respondent no.2 while passing the impugned order, did not apply his independent mind, but was guided by subsequent report of respondent no.3, without its service upon him.

I find substance in the submission of the petitioner. In the result, this writ application succeeds. The impugned order is set aside. The licensing authority would be at liberty to proceed afresh in accordance with law.

Shashi.

(Samarendra Pratap Singh, J) U