Shatrughan Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16444 of 2013 ====================================================== Shatrughan Paswan Son Of Gulai Paswan Resident Of Village- Deenapatti, Police Station- Pipra, District- Supaul .... .... Petitioner

Versus

1. The State Of Bihar

2. The District Magistrate, Supaul

3. Sub-Divisional Officer (Supply), Supaul, Police Station- Supaul, District- Supaul

4. Block Supply Officer, Pipra Block, Police Station- Pipra, District- Supaul .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Upendra Kumar and Mrs. Veena Kumari Jaiswal, Advocate For the Respondents : Mr. AP Singh, SC 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 16-10-2015 The petitioner is a PDS dealer running his shop at village Pipra, Deenapatti Ward no. 19 of Supaul district. He prays for quashing of order dated 9.5.2012 passed by respondent no.3 as well as the appellate order, dated, 30.5.2013 passed by respondent no.2, by which his PDS licence has been cancelled. The petitioner submits that respondent no.3, while passing the impugned order, has traversed beyond the show cause. He submits that the show cause was issued with respect to closure of the shop on 24.11.2011 between 3 to 4 PM, whereas licence has been cancelled on the ground that the consumers had made complaints with respect to his dealings. He submits that the respondents have cancelled the licence on

Patna High Court CWJC No.16444 of 2013 (4) dt.16-10-2015 the grounds other than those mentioned in the show cause notice.

I find substance in the submission of the petitioner. The impugned orders are set aside with the liberty to the respondents to proceed in accordance with law.

The writ petition is thus disposed of.

Shashi.

(Samarendra Pratap Singh, J) U