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2021 Supreme(Pat) 614

MADHURESH PRASAD
Birendra Paswan @ Virendra Paswan S/o Mungeshwar Paswan – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Govt. of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners:Mr.Md. Javed Jafar Khan, Advocate
For the Respondents: Mr. Arvind Ujjawal, SC 4

JUDGMENT :

Heard learned Counsel for the petitioner as well as learned State Counsel, both of whom are appearing through virtual mode.

2. The Public Distribution System Licence (hereinafter referred to as “PDS” licence” for brevity) of the petitioner has been cancelled by the Sub-divisional Officer, Sherghati, under order dated 27.1.2015. Action has been taken on the basis of an inspection done of the petitioner's PDS premises by the Block Suopply Officer Gurua (Gaya) on 10.12.2014 based on certain allegations levelled by some persons. The Sub-divisional Officer after going through the inspection report, served a notice dated 18.12.2014 to the petitioner, wherein five irregularities were alleged;

    (i) that the supply between the card holders was not regular.

(ii) the petitioner was not opening his dealership as per the direction issued by the Government and

(iii) that he was opening the dealership as per his own whims.

(iv) The petitioner is also alleged to be misbehaving with the beneficiaries.

(v) The last allegation is that after distribution of the essential commodities for a particular month the petitioner used to make a false entry that he has made supply for two months.

3. The petiti

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