Patna High CourtCWJC/17941/2013allowed

Ramchandra Rai v. The State Of Bihar And ORS

2015-08-20Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17941 of 2013 ======================================================

1. Ramchandra Rai Son Of Bishnudeo Rai Resident Of Village- Mahnad Turi, Police Station- Kathara (Garaul), District- Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Vaishali, Hazipur

3. The Sub Divisional Officer, Mahua

4. The Block Supply Officer, Chehrakala, Hazipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kumar Ojha For the Respondent/s : Mr. A.Ujjwal ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-08-2015 The petitioner is the holder of License No. 07 of 2007 under Public Distribution System within Chehrakala Block, District-Hajipur.

The petitioner is aggrieved by order dated 30.01.2013 passed by Sub-Divisional Officer, Mahua contained in Annexure2, whereby his license has been cancelled. The petitioner has raised two points. Firstly, without giving reasonable opportunity to the Petitioner for submitting the reply to the show cause, the license should not be cancelled. In support of his submission, the petitioner has relied upon the order dated 21.01.2015 passed in CWJC No. 20803 of 2014 by which it appears that notice does not indicate cancellation of license. The

Patna High Court CWJC No.17941 of 2013 (2) dt.20-08-2015 2/2 notice must indicate the proposed consequence, in case the reply is found unsatisfactory. The petitioner further submits that even copy of the inspection report, on the basis of which show-cause notice was issued, was not supplied to him.

In this view of the matter, the impugned order dated 30.01.2013 is set aside. The mater is remitted to the Licensing Authority to proceed afresh in accordance with law after affording an opportunity of hearing to the petitioner.

(Samarendra Pratap Singh, J) sushma/- U