Patna High CourtCWJC/14606/2013allowed

Rajendra Rai v. The State Of Bihar And ORS

2015-09-09Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14606 of 2013 ====================================================== Rajendra Rai Son Of Late Dayanand Rai Resident Of Village - Surgahi, P.S. Tariyani, Distt. - Sheohar .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Sheohar

2. The Sub Divisional Officer, Sheohar

3. The Block Development Officer, Tariyani, Distt.- Sheohar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr NK Agrawal, Sr. Advocate Mr. Anujit Sinha, Advocate For the Respondent/s : Mr. S.K.Karn, AC to SC 1. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-09-2015 The petitioner seeks quashing of the order dated 18.8.2012, passed by respondent no.2 by which his licence has been cancelled in view of institution of FIR and illegalities committed by him in course of functioning as a PDS dealer. Learned counsel for the petitioner submits that no show cause notice was served on him. Further, after 23.6.2011 amendments, a license cannot be cancelled on the ground of institution of FIR.

Plea of the petitioner is well covered by several decisions of this Court. In the result, the impugned order cancelling petitioner's license is set aside with liberty to the respondents to proceed afresh after giving show cause notice to the petitioner. (Samarendra Pratap Singh, J) Shashi.