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2017 Supreme(Pat) 1026

ANJANA MISHRA
Primary Agriculture Credit Co-Operative Society – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Dhananjay Kumar, Advocate,
For the Respondent: Mr. S.S.P. Yadav, S.C.-14
For the BSFC :Mr. Shailendra Kumar Singh, Advocate

JUDGMENT :

Anjana Mishra, J.

1. Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

2. The petitioner seeks to challenge the order contained in Memo No.904 dated 17.07.2013 (Annexure 6), by which the Sub-Divisional Officer, Patori has cancelled the licence of the petitioner for Public Distribution System (PDS) shop, bearing Licence No.28/2011, ignoring the guidelines/instructions issued by the Food and Consumer Protection Department, Government of Bihar, vide Letter No. Pra-06-Vividh-03/2010 (Khand), 5817/Khadya dated 12.09.2012. The petitioner further seeks to assail the order dated 10.12.2013 (Annexure 8) passed in PDS Licence Cancellation Appeal No.81/2013 by the District Magistrate-Cum-Collector, Samastipur, dismissing his appeal on erroneous considerations.

3. Learned counsel for the petitioner submits that on 07.10.2011, the petitioner was granted licence to run the PDS shop. Guidelines for running the shop have been issued by the Department of Food and Civil Supplies, Government of Bihar, vide Letter dated 12.09.2012, indicating the manner in which the proposed action could be taken against the PDS dealer for not depositing the cost









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