Md. Haroon v. The State Of Bihar And ORS

Patna High Court CWJC No.10036 of 2018 dt.03-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10036 of 2018 =========================================================== Md. Haroon, S/o Md. Yusuf, resident of Village+ P.O.- Solara, P.S.- Paraiya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food Commerce & Civil Supplies, Bihar, Patna.

2. The Divisional Commissioner, Magadh Division, Gaya.

3. The Sub Divisional Officer, Tekari, Gaya.

4. The District Supply Officer, Gaya.

5. The Block Supply Officer, Paraiya, Gaya.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv For the Respondent/s : Mr. ARVIND UJJWAL- SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-07-2018 The present writ petition has been filed for quashing of the order contained in memo no. 1115 dated 15.12.2017 passed by learned Sub-Divisional Officer, Tekari, Gaya by which the PDS licence of the petitioner, being license no. 01/86 has been suspended.

2. Learned counsel for the petitioner submits that the licence of the petitioner, who is a PDS dealer, has been suspended only on the basis of the first information report instituted as Paraiya P.S. Case No. 89/2017 under Section 7 of the Essential Commodities Act. It is submitted that the conditions for suspension of the licence in terms of Clause 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 are not satisfied as the petitioner is neither behind the bar nor he is fugitive. The petitioner relies upon the order dated 07.03.2017 passed by the Coordinate Bench of this Court in CWJC No.

Patna High Court CWJC No.10036 of 2018 dt.03-07-2018 16733 of 2016 in which the order of suspension of licence was quashed for similar reasons.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievance of the petitioner and in view of the order dated 07.03.2017 passed by this Court in CWJC No. 16733 of 2016 in similar circumstances, the impugned order contained in memo no. 1115 dated 15.12.2017 passed by learned Sub-Divisional Officer, Tekari, Gaya (Annexure-3) is hereby quashed. The writ petition stands allowed.

5. Needless to say, the supply of the articles in terms of the Bihar Targeted Public Distribution System (Control) Order, 2016 shall be restored to the petitioner without delay.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2018 Transmission Date NA