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2021 Supreme(Pat) 751

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Md Muzaffar Alam @ Muzaffar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr N K Agrawal, Sr Advocate, Mr Rakesh Bihari Singh, Advocate, for the Appellant; Mr S Raza Ahmad, AAG, for the Respondent.

JUDGMENT

Chakradhari Sharan Singh, J. - Heard learned counsel for the parties.

2. Petitioner was a licensee under Bihar Targeted Public Distribution System (for brevity, BTPDS) Control Order, 2016 for running a fair price shop. Alleging violation of the terms of licence, a show cause notice was issued to the petitioner on 23.04.2020 by the Licensing Authority asking him to explain as to why his licence be not cancelled. The petitioner was given time till 26.04.2020 to submit his show cause reply. On 26.04.2020, the Licensing Authority passed an order cancelling the licence recording petitioner's failure to submit his explanation in response to the show cause notice. The said order passed by the Licensing Authority dated 26.04.2020 (Annexure 2) is under challenge in the present writ application. It is the petitioner's case that the show cause notice was received by him on 24.04.2020. Before the petitioner could submit his explanation, the impugned order came to be passed on 26.04.2020, in utter haste.

3. Mr N K Agrawal, learned senior counsel appearing on behalf of the petitioner has submitted that, three days' time granted by the Licensing Authority, cannot be treated to be 'adequate

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