Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.274 of 2022 ============================================== Surendra Prasad S/o Sonelal Mahto, R/o Kapan, Ward No. 03, Singhia Buzurg, P.S.-Vibhutipur, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna. 2.

The District Magistrate, Samastipur, District-Samastipur. 3.

The Sub Divisional Officer, Rosera, District-Samastipur. 4.

The Block Supply Officer, Vibhutipur, District-Samastipur. ... ... Respondent/s ============================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Respondent/s :

Mr. Upendra Pratap Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 23-02-2022 Heard the learned counsel for the parties.

Pursuant to an F.I.R. having been lodged against the petitioner, his licence to run the P.D.S. shop has been cancelled but no further action has been taken in that regard.

According to the learned counsel for the petitioner, he has not been given any show-cause notice and without

Patna High Court CWJC No.274 of 2022(2) dt.23-02-2022 2/3 taking any decision in that regard, the consumers attached to his shop, have been tagged to other P.D.S. dealer. The learned counsel for the petitioner submits that if an action has been taken under Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 and the licence of the petitioner has been suspended, it is obligatory on the part of the authorities to issue show-cause notice to him and advert to his reply. No notice as yet, as argued by the petitioner, has been served upon him. We, therefore, direct the Licensing Authority to give a show-cause notice to the petitioner forthwith and on receipt of his reply, decide the matter and take a final call whether the licence of the petitioner should be allowed to remain with him or it be cancelled.

Even though there has been a passage of long time but we direct that a decision shall be taken by the concerned authority within a period of 180 days as mandated under the Bihar Targeted Public Distribution System (Control) Order, 2016.

In order to facilitate the process, the petitioner

Patna High Court CWJC No.274 of 2022(2) dt.23-02-2022 3/3 shall present a copy of this order before the Licensing Authority.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) sunilkumar/- U