Raj Kishore Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22040 of 2013 ====================================================== Raj Kishore Yadav, S/O Late Rambriksh Yadav, Resident of VillageChotahi, P.S.- Riga, District- Sitamarhi .... .... Petitioner.

Versus

1. The State of Bihar through the Collector, Sitamarhi

2. The Sub-Divisional Officer, Sitamarhi

3. Block Supply Officer, Parihar, Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. Anujit Sinha, Advocate For the Respondent/s : Mr. Prabhat Ranjan, AC to G.P.12 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the State. The petitioner holds a P.D.S. license, bearing license no. 22/2007, under Bhagwanpur Panchayat. He is aggrieved by order dated 01.10.2013, passed by the Sub-Divisional Officer, Sitamarhi, by which his P.D.S. license has been cancelled. The petitioner submits that he has not been given the copy of the enquiry report, which contained the statements of the aggrieved consumers.

The State in the counter affidavit has annexed the copy of the enquiry report.

Now that the petitioner is in know how of the enquiry report, he would file a fresh show-cause reply before the licensing authority, who would consider the matter afresh.

Patna High Court CWJC No.22040 of 2013 (3) dt.28-09-2015 2 / 2 In the result, the impugned order dated 01.10.2013, passed by the licensing authority, is set aside. However, setting aside the impugned order on technical ground would not mean automatic resumption of supply of trade articles. This application stands allowed.

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