Patna High CourtCWJC/20151/2013allowed

Azad Kumar v. The State Of Bihar And ORS

2015-09-24Mr. Justice Samarendra Pratap Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20151 of 2013 ======================================================

1. Azad Kumar S/O Rajendra Paswan Resident Of Village- Pusabharao, P.S.- Pusa, District- Samastipur

2. Azad Kumar S/O Rajendra Paswan Resident Of Village- Pusabharao, P.S.- Pusa, District- Samastipur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. Sanjay Kr No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-09-2015 The petitioner prays for setting aside order dated 27.12.2011, passed by the SDO, Samastipur canceling his PDS license as well as appellate order dated 9.4.2013. The petitioner submits that the respondents did not address his explanations with respect to lifting of materials for the month of September, 2011 for BPL consumers detailed in his show cause reply. Furthermore, the respondents took into consideration other circumstances which did not form part of show cause, which is not tenable in the eye of law. I find substance in the submission of the petitioner. The writ petition is allowed and the impugned orders are aside with liberty to the respondents to proceed afresh. Shashi./- (Samarendra Pratap Singh, J) U