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2021 Supreme(Pat) 448

CHAKRADHARI SHARAN SINGH
Prem Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Amarnath Singh, Advocate with Mr. Binay Kumar, for the Appellant; Mr. Arvind Ujjwal (SC 4), for the Respondent.

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 O

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