Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19737 of 2013 ====================================================== Ashok Kumar Singh, son of Late Bhuneshwar Singh, resident of VillageNabi Nagar, P.S- Nabi Nagar, District- Aurangabad. .... .... Petitioner.

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

3. The Divisional Commissioner, Magadh Division, Gaya

4. The District Magistrate, Aurangabad.

5. The Sub-Divisional Officer, Aurangabad Sadar, District- Aurangabad.

6. District Supply Officer, Aurangabad.

7. Block Supply Officer Nabi Nagar, Aurangabad. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shakib Ayaz For the Respondent/s : Mr. P.N. Sahi ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is a P.D.S. dealer, bearing license no. 11/N/88, within Nabi Nagar Block of Aurangabad District. The petitioner submit that he has been inflicted both punishment i.e. suspension of license and cancellation of license. Both punishments are not permissible in law, one after the other. The petitioner rightly submits that the authorities could not have been inflicted both punishment of suspension and cancellation of license.

In the result, this application succeeds. The impugned order of Licensing Officer cancelling the license of the petitioner

Patna High Court CWJC No.19737 of 2013 (2) dt.18-09-2015 2 / 2 and affirmed in appeal, are set aside. The license of the petitioner is restored.

This application stands allowed.

(Samarendra Pratap Singh, J.) Uday/- U