Baidhnath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25576 of 2013 ====================================================== Baidhnath Prasad, Son of Hari Narayan Mahto, resident of Village Basahiya, P.S.- Sonbarsa, District Sitamarhi .... .... Petitioner.

Versus

1. The State of Bihar

2. District Magistrate, Sitamarhi

3. Sub Divisional Officer, Sitamarhi Sadar,

4. Shri Manzoor Ali, Senior Deputy Collector, Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. S.D. Sanjay ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the State. The petitioner hold P.D.S. license, bearing license no. 32 of 2007.

The petitioner submits that his license has been cancelled without considering the show-cause reply. He submits that the impugned order merely narrated the allegation contained in show-cause notice.

In my view, the respondent ought to have taken the points raised in the case.

In the result, the impugned order cancelling the P.D.S. license of the petitioner is set aside. The matter is remitted to the licensing authority to consider the matter afresh after supplying a copy of the enquiry report. Setting aside the impugned

Patna High Court CWJC No.25576 of 2013 (2) dt.01-10-2015 2 / 2 order will not amount to automatic resumption of supply of the trade articles.

This application stands disposed of.

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