Patna High CourtCWJC/25435/2013allowed

Md. Faiyaz Alam Ansari v. The State Of Bihar And ORS

2015-09-08Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25435 of 2013 ====================================================== Md. Faiyaz Alam Ansari Son Of Late Taslim Ansari Resident Of Sonapur, Tiyarpara, Block- Amour, P.S.- Jalalgarh, Distt.- Purnea .... .... Petitioner

Versus

1. The State Of Bihar Through The Collector, Purnea

2. The Sub-Divisional Officer, Baisi, Purnea

3. The In-Charge Assistant District Supply Officer, Purnea

4. The Block Supply Officer, Amour, Purnea .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 08-09-2015 The petitioner challenges order of the SDO, Baisi, dated 30.4.2013, cancelling his PDS License no.2/2009 in view of enquiry report and the pending criminal case against him. The petitioner submits that after 23.6.2011, a license cannot be cancelled on the ground of pendency of the criminal case, in view of amendment in 2011.

As the submission of the petitioner has substance, the impugned order is set aside and the matter is remanded to the SDO for passing fresh order.

There would be no resumption of supply till final order is passed by respondent no.2.

(Samarendra Pratap Singh, J) Shashi.