Uma Shankar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22416 of 2018 ====================================================== Uma Shankar Ray S/o Late Radha Krishna Rai Resident of VillageLakshmannagar,P.S. Gaighat,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

1. The Collector ,Muzaffarpur

2. The Sub Divisional Officer(East),Muzaffarpur

3. The Block Supply Officer,Gaighat,Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr.Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2018 The present writ petition has been filed for quashing the order dated 26.10.2018 passed by the Sub-Divisional Officer (East), Muzaffarpur, whereby and where under the P.D.S. license of the shop of the petitioner has been cancelled. The learned counsel for the petitioner submits that the only ground for cancellation of the license of the petitioner is that the shop of the petitioner was found closed on one day when the inspection had taken place.

The learned counsel for the petitioner has relied upon a judgment rendered by the Division Bench of this Court reported in 2012(3) PLJR 583 (Turant Lal Paswan vs. The State of Bihar).

The learned counsel appearing for the respondents does not dispute the position existing in law.

Patna High Court CWJC No.22416 of 2018(2) dt.20-12-2018 2/2 Having regard to the facts and circumstances of the case as also having regard to the judgment rendered by the learned Division Bench in the case of Turant Lal Paswan (supra), the order dated 26.10.2018, passed by the SubDivisional Officer (East), Muzaffarpur is quashed. The writ petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U