Sanjay Kumar Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22320 of 2014 ====================================================== Sanjay Kumar Rajak, son of Late Nagendra Nath Rajak, resident of village - Bada Raghunathpur, P.S. Amdabad, District - Katihar .... .... Petitioner.

Versus

1. The State of Bihar

2. The District Magistrate, Katihar

3. The District Supply officer, Katihar

4. The Sub-Divisional Officer, Manihari, District - Katihar

5. The Senior Deputy Collector, District Legal Cell, Katihar

6. The Block Supply Officer, Amdabad, District - Katihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Respondent/s : Mr. Gp-9 D.B. Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and the State. The petitioner, who is a P.D.S. dealer within Amdabad Block in Katihar district.

As a criminal case was instituted against the petitioner, show-cause noticed was issued. The petitioner did not submit his reply to show-cause notice, the licensing authority cancelled his P.D.S. license by order, dated 23.09.2013, on mere pendency of a criminal case.

A license cannot be cancelled in view of pendency of a criminal case as per 2007 Control Orders, as amended in the year 2011. The impugned order cancelling the P.D.S. license of the petitioner is set aside and the matter is remitted to the licensing

Patna High Court CWJC No.22320 of 2014 (2) dt.21-09-2015 2 / 2 authority to proceed afresh in accordance with law. This writ application is allowed to the extent mentioned above.

(Samarendra Pratap Singh, J.) Uday/- U