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2010 Supreme(Pat) 230

NAVANITI PRASAD SINGH
Bhola Prasad Yadav S/o Late Devi Prasad Yadav – Appellant
Versus
State Of Bihar Through The Com-missioner-cum-secretary, Food, Supply And Commerce Department, Old Secretariat, Patna – Respondent


JUDGEMENT

1. Petitioner is a dealer under Public Distribution System and pursuant to an inspection carried out, the licensing authority i.e. Sub-Divisional Officer, Purnea, issued a notice to him to show cause why his license be not suspended. The show cause is dated 14.3.2008 and is contained in Annexure-1. Petitioner filed his show cause, but notwithstanding the same, referring to certain earlier proceedings as well which were not found to be in the show cause, by order dated 28.5.2008 the licence of the petitioner has been cancelled in that regard. Petitioner preferred an appeal before the Collector, Purnea being Supply Appeal No. 89/2008 but the appeal was dismissed by the Collector, Purnea, merely holding that second show cause having been issued before cancellation, there was no procedural impropriety. The appeal was dismissed by order 9.12.2009 (Annexure-5). Hence the petitioner has come to this Court.

2. Mr. Ramesh Agrawal, learned counsel appearing for the petitioner raises a short issue. Referring to Clause 7 of the Bihar Fair Price Shop Dealer (sicOrder?), 2007, he points out that both in respect of suspension and for cancellation, show cause is required. A hearing has to



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