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Patna High CourtCWJC/16511/2013allowed

Hari Panjiyara v. The State Of Bihar And ORS

2015-08-27Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16511 of 2013 ====================================================== Hari Panjiyara Son Of Late Higal Panjiyara Resident Of VillageNainachak, P.S. Amarpur, District- Banka .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Food And Supply Departemnt, Government Of Bihar, Patna

3. The District Magistrate, Banka

4. The Sub Divisional Officer, Banka, Distt. Banka

5. The Block Supply Officer, Amarpur, District- Banka .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Respondent/s : Mr. Gautam Bose, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-08-2015 Additional copy of counter affidavit supplied by respondents' counsel is taken on record.

The petitioner challenges order of the SDO, Banka dated 5.12.2011, cancelling his PDS Lincense no.20/84 as well as appellate order dated 3.5.2013 on the ground that the SDO neither served him a copy of the enquiry report containing several allegations nor his show cause was considered. The submission of the petitioner has substance. The impugned orders are set aside and the matter is remanded to the SDO, Banka for passing fresh order within four months from the date of receipt of this order, after serving a copy of the enquiry/inspection report to the petitioner and considering his reply thereto.

(Samarendra Pratap Singh, J) Shashi.

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