Mustafa Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3348 of 2016 =================================================== Mustafa Khan, Son of Serajul Khan, Residence of Village + P.O.- Kopa, Police Station- Kopa, District- Saran at Chapra. .... .... Petitioner.

Versus

1. The State of Bihar, through the Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2. The Commissioner, Saran at Chapra.

3. The District Magistrate, District- Saran at Chapra.

4. The District Supply-cum-Marketing Officer, District- Saran at Chapra.

5. The Sub-Divisional Officer, Sadar- Chapra, District- Saran at Chapra.

6. The Cirlce Officer under Block- Kopa, District- Saran at Chapra.

7. The Marketing Officer under Block- Kopa, District- Saran at Chapra.

.... .... Respondents.

=================================================== Appearance :

For the Petitioner : Md. Naseem Mukhtar, Adv. For the Respondents: Mr. Balram Kapri, Adv.

=================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 24-11-2016 Heard parties.

Petitioner is aggrieved by order dated 03.03.2015 passed by the Sub-divisional Officer, Chapra Sadar, as contained in Annexure-1, by which the PDS licence of the petitioner has been cancelled on the ground of registering a case, i.e., Kopa P.S. Case No. 81 of 2014 under Section 7 of the Essential Commodities Act, 1955.

Counter affidavit has been filed on behalf of the State, however, learned counsel has miserably failed to show that there is any provision of cancellation of licence in case a police case is lodged under Section 7 of the Essential Commodities Act. The issue is no longer res integra as this Court on

Patna High Court CWJC No.3348 of 2016 dt.24-11-2016 several occasions have held that only provision for cancellation of licence is under clause 7(ii) of the PDS (Control) Order, 2001, under which the licence can be cancelled only after noticing and granting reasonable opportunity to the licencee to explain his case. The second mode of cancellation is under clause 14 thereof which is in consequence of conviction in a case lodged under Section 7 of the Essential Commodities Act.

In my considered opinion, since there is no statutory provision for passing an order of cancellation solely on the basis of regarding a criminal case under Section 7 of the Essential Commodities Act, the order impugned cannot be sustained in law. Accordingly, the impugned order dated 03.03.2015 passed by the Sub-divisional Officer, Sadar Chapra, as contained in Annexure-1 is, hereby, set aside. The licence of the petitioner stands revived.

In the result, this writ petition stands allowed. (Dr. Ravi Ranjan, J.) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2017 Transmission Date NA