Patna High CourtCWJC/16207/2013allowed

Chandeshwar Rai v. The State Of Bihar And ORS

2015-09-10Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16207 of 2013 ====================================================== Chandeshwar Rai Son Of Late Kishori Rai Resident Of Village - Madhopur, P.S. Marhaura, District - Saran .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Commissioner, Saran

2. The Commissioner, Saran Division, Saran

3. The Collector, Saran

4. The Sub-Divisional Officer, Marhaura, Saran

5. The Block Development Officer, Amnaur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s : Mr. Rajiv Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-09-2015 The petitioner challenges order of respondent no.4 dated 1.4.2010, cancelling his PDS License, appellate order dated 28.2.2012 passed by respondent no.3 and revisional order dated 13.2.2013 passed by respondent no.2.

The petitioner submits that the respondents have awarded both punishment of suspension and cancellation of license, which is not permissible in law in view of decision in case of Shiv Chandra Jha Vs. Harideo Jha, reported in 2013(3) PLJR 956.

As the submission of petitioner has substance, the writ petition succeeds and the impugned orders are set aside with liberty to the respondents to proceed in accordance with law.

(Samarendra Pratap Singh, J) Shashi.