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Civil Writ Jurisdiction Case No. 14450 of 2018

Dinesh Ram v. State of Bihar

2018 SCC OnLine Pat 4284

In the High Court of Patna

(BEFORE NILU AGRAWAL, J.)

Dinesh Ram .…. Petitioner/s;

v.
State of Bihar and Others .…. Respondent/s.
Civil Writ Jurisdiction Case No. 14450 of 2018
Decided on August 23, 2018
Advocates who appeared in this case :
For the Petitioner/s: Mr. Sanjeev Kumar Mishra
For the Respondent/s: Mr. Arvind Ujjwal-SC 4
The Judgment of the Court was delivered by
NILU AGRAWAL, J.:— Heard learned counsel for the petitioner and learned counsel
appearing on behalf of the State.
2. 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.
3. Learned counsel for the petitioner submits that three days time was highly
insufficient and inadequate as held in the case of Smt. Fulpati Devi v. The State of
Bihar since reported in 2013 (1) PLJR 718.
4. Learned counsel for the State appears and is heard.
5. 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.
6. Writ application is allowed as above.
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