Siyaram Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10219 of 2017 =========================================================== Siyaram Singh Son of Late Ram Khelawan Singh, Resident of Village+ P.O.- Jakarpura, Police Station- Suryagarha, District- Lakhisarai. .... .... Petitioner/s

Versus

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

2. The Commissioner, Munger Division, Munger.

3. The District Magistrate, Lakhisarai.

4. The Sub Divisional Officer, Lakhisarai.

5. The Block Development Officer, Chanan, Lakhisarai.

6. The Block Supply Officer, Suryagarha, Lakhisarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Respondent/s : Mr. Santosh Kumar Mishra, AC to GA-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-10-2017 Heard learned counsel for the parties In this case, the petitioner is challenging the order dated 19.6.2017 passed by the Sub-Divisional Officer, Lakhisarai, whereby and whereunder, the PDS license of the petitioner has been cancelled. The petitioner was granted P.D.S. license in the year 2010 bearing License No. 02/2010, on 18.3.2017, the Block Development Officer, Chanan and the Block Supply Officer, Lakhisarai made inspection of the shop of the petitioner and found the shop closed. The Sub-Divisional Officer, Lakhisarai issued showcause notice dated 25.3.2017 mentioning therein two charges, firstly,

Patna High Court CWJC No.10219 of 2017 dt.11-10-2017 the shop was found closed and, secondly, that the petitioner was taking higher rate from the beneficiaries. The petitioner submitted his reply which was not considered and order was passed. There is a provision for appeal. If the petitioner, so advised, may file an appeal and the appellate authority, while taking into consideration the limitation matter, will take into consideration the pendency of this writ application before this Court. If the petitioner files an appeal before the appellate authority within a period of four weeks from today, the same will be disposed of within a period of four months from the date of filing of the appeal.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2017 Transmission Date NA