JAYANANDAN SINGH
Fulpati Devi – Appellant
Versus
State Of Bihar – Respondent
In view of submission of learned counsel for the petitioner, this Court does not feel it necessary to call upon the respondents to file counter affidavit in the case. Learned counsel for the respondents also submits that this Court may dispose of the application on the basis of materials available on record.
2. By the impugned order of the Sub-Divisional Officer dated 22.11.2011, vide Annexure-2, PDS licence of the petitioner has been cancelled. Said order has been confirmed also in appeal by the Collector by order dated 5.5.2012, vide Annexure-1. Annexure-3 is the show cause notice, which shows that it was issued on 16.11.2011. In the show cause notice, three days time was allowed to the petitioner to file her show cause.
3. Learned counsel for the petitioner submits that the petitioner could not know about the notice as she was ill during the period. Hence, she did not file show cause and in her absence the Sub-Divisional Officer passed the impugned order cancelling her licence. He also submits that in appeal petitioner had brought this issue as ground no.(B) in the memo of appeal but the Collector has not considered the same and has brushed aside the ground taken by t
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