Nand Kishore Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13877 of 2013 ====================================================== NAND KISHORE PRASAD, SON OF BAL KISHUN PRASAD, RESIDENT OF VILLAGE MONIA POLICE STATION BODH GAYA DISTRICT GAYA .... .... Petitioner

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda, Advocate For the Respondent/s : Mr. Rakesh Kr Samrendra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-09-2015 The petitioner challenges order of the SDO, Sadar, Gaya dated 23.10.2007, cancelling his PDS License no. 15/1990 on the ground that he was engaged in black marketing. The petitioner submits that he filed show cause reply. However, the SDO, while passing cancellation order, did not consider his show cause and traveled beyond the allegation contained in the show cause.

As the submission of the petitioner has substance, the impugned order is set aside and the matter is remanded to the SDO for passing fresh order within four months from the date of receipt of this order, after considering the reply of the petitioner filed by him afresh.

(Samarendra Pratap Singh, J) Shashi.

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