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2015 Supreme(Pat) 324

JYOTI SARAN
Raghuvir Prasad – Appellant
Versus
State of Bihar through Department of Food, Supply and Consumer Protection – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anand Kumar Ojha
For the Respondents: Mr. Dev Kumar Pandey

Judgment

Heard Mr. Anand Kumar Ojha, learned counsel appearing on behalf of the petitioner and Mr. Dev Kumar Pandey, learned Assisting Counsel to Government Pleader No.6 for the State.

2. The petitioner, a licensee under the Public Distribution System (Control) Order, 2001 enforced vide Bihar Fair Price Shop Order, 2007 (hereinafter referred to as ‘the Control Order’), is aggrieved by the order dated 9.11.2011 passed by the Sub-Divisional Officer- cum- Licensing Authority under ‘the Control Order’ whereby the licence of the petitioner bearing No.01 of 2007 for running a shop under the public distribution system stands cancelled and which order stands affirmed by the appellate authority i.e. the Collector, Nalanda when the statutory appeal preferred by the petitioner bearing Supply Appeal No.01 of 2012 was dismissed on 6.8.2013. Copies of the orders impugned in this writ petition are placed at Annexures 3 and 4 respectively to the writ petition.

3. The facts of the case briefly stated is that following an enquiry conducted by the District Level Committee on 30.9.2011that the petitioner was served with a show cause notice bearing Memo no.1074 dated 27.10.2011 setting out seven charges,









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