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Patna High CourtCWJC/13061/2013allowed

Raj Kishor Gain v. The State Of Bihar And ORS

2015-08-21Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13061 of 2013 ====================================================== RAJ KISHOR GAIN, SON OF LATE RAGHUNATH GAIN, RESIDENT OF VILLAGE AND POST OFFICE DIGHI, POLICE STATION BATHNAHA, DISTRICT SITAMARHI ..... .... Petitioner

Versus

1. THE STATE OF BIHAR &

2. SDO, SITAMARHI SADAR, DISTRICT SITAMARHI .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-08-2015 The petitioner has challenged order dated 6.4.2013, passed by the SDO, Sitamarhi cancelling his PDS Licence no. 27 of 2007 within Dighi Gram Panchayat on the ground that the allegation leveled against him was vague as the complaint even does not disclose the name of the complainant. Further, counter affidavit filed by respondents does not explain the foresaid position.

In that view of the matter, the impugned order is set aside. Respondent no.2 would proceed afresh in the matter after giving show cause notice to the petitioner.

Till fresh adjudication of the matter, there would be no resumption of supply to the petitioner.

Shashi.

(Samarendra Pratap Singh, J) U