Nagendra Prasad Gupta vs State Of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 27

MADHURESH PRASAD
Nagendra Prasad Gupta – Appellant
Versus
State Of Bihar – Respondent

Advocates Appeared:
Rajeev Kumar Labh, Advocate, Lalit Kishore, Advocate

JUDGMENT

Madhuresh Prasad, J. - Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner's Public Distribution System License has been cancelled by the impugned order dated 25.01.2020. The petitioner has approached this Court seeking quashing of the said order.

3. Penal consequence of the cancellation of his license is based on allegation that he has misappropriated the foodgrains supplied to him for distribution under the Public Distribution System. The order, as per petitioner's counsel is without even affording the petitioner, an opportunity of hearing in terms of the provisions contained in Rule 27 (ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as the 'Control Order').

4. The learned counsel for the State, based on the averments made in the counter affidavit, raises an objection to filing of an instant writ petition by submitting that the petitioner has adequate alternative remedy of appeal under the Control Order. Without exhausting the remedy of appeal, he has directly rushed to this Court. The submission is that very severe allegations were made against the petitioner of misappropria