Mithlesh Kumar Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1179 of 2014 ====================================================== Mithlesh Kumar Mandal Son Of Late Naresh Chandra Mandal P.D.S., Dealer North Karimullapur, Village- Chharamari, P.S.- Amdabad, DistrictKatihar .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary, Food And Civil Supplies Department, Old Secretariat, Patna

2. The District Magistrate, Katihar

3. The District Supply Officer, Katihar

4. The Sub-Divisional Officer Manihari, Katihar

5. The Block Supply Officer, Amrabad, Katihar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari Singh, Advocate For the Respondent/s : Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-08-2015 The petitioner is a licencee under the PDS having Licence no.01/2000 within North Karimullapur, Sub division Manihari, district Katihar. His licence has been cancelled on the ground that he did not deposit the money for lifting the items of the month of January and February, 2013. The petitioner has explained that he could not deposit the money as his mother was ill. He submits that subsequently he has deposited the money in April. He further submits that besides this, there is no allegation against him.

I find that the explanation of the petitioner cannot be said to be unreasonable. As such, the writ petition is allowed and the impugned order cancelling petitioner's licence by the SDO, Manihari and the order of the District Magistrate, Katihar

Patna High Court CWJC No.1179 of 2014 (5) dt.17-08-2015 2/2 affirming the same are set aside, subject to any third party right being created in the meantime.

(Samarendra Pratap Singh, J) Shashi.

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