Patna High CourtCWJC/14450/2018allowed

Dinesh Ram v. The State Of Bihar And ORS

2018-08-23Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14450 of 2018 =========================================================== Dinesh Ram, Son of Sri Ram Prasad, Resident of Ward No.10 Maldahiya, P.O.- Narkatiyaganj, Pokharia, West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, West Champaran, Bettiah.

3. The Sub Divisional Officer, Narkatiyaganj West Champaran, Bettiah. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. ARVIND UJJWAL-SC4 =========================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date: 23-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner challenges the cancellation of his PDS licence being Licence No. 53 of 2007 dated 24.11.2017 passed by the Licensing Authority as contained in Annexure-3 on the ground that only three days time was given in the show cause dated 31.07.2017 to reply with regard to certain irregularities in functioning of his PDS shop.

Learned counsel for the petitioner submits that three days time was highly insufficient and inadequate as held in the case of Smt. Fulpati Devi Vs. The State of Bihar since reported in 2013

Patna High Court CWJC No.14450 of 2018 dt.23-08-2018 2/2

(1) PLJR 718.

Learned counsel for the State appears and is heard. Considering the facts and in view of the decision passed in the case of Smt. Fulpati Devi (supra), the order of notice issuing show cause dated 31.07.2017 and order dated 24.11.2017 as contained in Annexures-1 and 3 respectively are quashed. Supplies to the petitioner be restored forthwith. However, the Licensing Authority, the respondent no. 3 is at liberty to take steps against the petitioner by issuing show cause and affording an opportunity to the petitioner in accordance with law.

Writ application is allowed as above.

(Nilu Agrawal, J) Devendra/Priyanka AFR/NAFR NAFR CAV DATE NA Uploading Date24.08.2018 Transmission Date NA