Dr. Ravi Ranjan, J.

I have heard learned counsel for the petitioner and the State.

Petitioner seeks quashing of the order dated 17.08.2007 passed by the Sub Divisional Officer-cum-Licensing Authority, Bettiah Sadar by which his licence granted for running a P.D.S. shop has been cancelled on account of pendency of a case under Section 7 of the Essential Commodities Act. Petitioner also challenges the order dated 22.08.2008 passed by the Collector dismissing the appeal on being time barred.

Learned counsel raises a short question for consideration in this case. It is submitted that there is statutory requirement under Clause-7(iv) of the Public Distribution System (Control) Order, 2001 (hereinafter referred to as the “Control Order”) for granting reasonable opportunity to the licensee to present his case if any action is to be taken under Clause-7(ii) either for suspending the licence or for its cancellation. It is contended that in the present case, no opportunity by issuing any show cause notice to the petitioner was ever given and directly on the basis of the fact that a case was lodged against the petitioner under Section 7 of the Essential Commodities Act, his licence h