JUDGMENT

1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. The petitioner has put to challenge an order dated 19.01.2019 passed by the Sub-Divisional Officer-cum-Licensing Authority, Patna, whereby the petitioner's license to run a PDS shop under Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as the BTPDS (Control) Order, 2016) has been cancelled. Indisputably, the petitioner had remedy of appeal against the said order, which he has not availed nor any inclination has been shown during the course of hearing of this case to avail the said alternative remedy.

3. The license to run a PDS shop was granted to the petitioner in 2016. During the course of inspection conducted by the Block Supply Officer, Paliganj on 16.10.2018 of the petitioner's shop, certain irregularities were detected and accordingly a report was submitted by him to the licensing authority pointing out following irregularities:-

i) No register was produced by the petitioner during the course of inspection.

ii) The petitioner was found to have lifted food grains for distribution among the beneficiaries on 11.10.2018, for the month of October but it was found that till the date of inspection on 16.10.2018, no food grain was distributed.

iii) On perusal of the Ration Cards of the beneficiaries it was noticed that the entries were made even in respect of December, 2018 which were apparently fake,

iv) The petitioner would not issue cash memos to the beneficiaries.

v) The list of beneficiaries was not displayed at proper place.

4. The petitioner informed the Block Supply Officer, Paliganj that the food grain for the month of October, 2018 had already been distributed but no document was shown in support thereof.

5. Taking into account the irregularities reported by the Block Supply Officer, the Sub-Divisional Officer, Paliganj put the petitioner on show cause notice vide Memo No. 476 dated 20.08.2018 asking the petitioner to show cause as to why his license be cancelled as the said irregularities were in breach of Clause 14 (viii), 14 (xi) of the BTPDS (Control) Order, 2016. The petitioner filed his reply on 28.12.2018, a copy of which has been brought on record by way of Annexure-2 to the writ application.

6. From the opening paragraph of the said reply it appears that the petitioner admitted that on the date of inspection, i.e., 16.10.2020, because of Dussehra Puja, no consumer had come to the shop though distribution of food grains was made for two hours in the morning. In respect of not furnishing the distribution registers and other registers, he disclosed that they were kept under lock and key in an almirah and the key was with the brother of the petitioner, who had gone to visit Dussehra celebrations. The show cause itself disclosed that the petitioner had failed to produce before the inspecting authority the registers which he was required to maintain. Further, though he denied incorrect entry in the ration cards, but, at the same time, he admitted that because of human error wrong entries might have been made in some of the ration cards. He also stated that the list of consumers was placed there inside the shop which might have gone unnoticed by the inspecting authority. In relation to the complaint about non-distribution of food grains, the petitioner took a plea that other members of the family of such complainants had obtained food grains and other materials and because the complainants did not have the knowledge about the same, allegation of non-distribution of food grains was made.

7. The licensing authority by an order dated 05.12.2018 cancelled the petitioner's license. The petitioner approached this Court by filing a writ petition giving rise to C.W.J.C. No. 2848 of 2019, which was allowed by an order dated 18.06.2019 mainly on the ground that the licensing authority did not deal specifically with the stand of the petitioner while rejecting his show cause reply and passing