ORDER :

1. The petitioner has put to challenge an order dated 16.04.2020 to the extent the same relates to him, whereby and where under the Sub-Divisional Officer, Sikrahna in the District of East Champaran, Motihari has cancelled his License No. 17/07-08 for operating a PDS Fair Price Shop. By the said impugned order lodging of an F.I.R. against the petitioner has also been directed. A plea has been taken by the petitioner that the same was passed without service of any show-cause notice upon him to assail the impugned order.

2. A counter affidavit has been filed on behalf of the respondents stating therein that before issuance of the impugned order, a show-cause notice was issued to the petitioner on 16.04.2020, which the petitioner had refused to receive. According to the respondents, considering the seriousness of the allegation which had emerged on the basis of enquiry conducted in relation to the irregularities committed by the petitioner, a decision was taken to cancel the petitioner’s license by the impugned order.

3. In reply to the said stand taken by the State of Bihar, a rejoinder affidavit has been filed on behalf of the petitioner bringing on record an order passed by a co-ordinate Bench of this Court dated 07.01.2021 in C.W.J.C. No. 8349 of 2020 (Khushi Lal Prasad v. The State of Bihar and Others) whereby the same impugned order dated 16.04.2020 has been set aside in respect of another person on the ground that the petitioner of the said case was not given sufficient opportunity to state his case against the proposal for cancellation of his license, as stipulated under Rule 27 (ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as the ‘Control Orders’. The said Rule reads as under :-

“27 (ii) No order of cancellation of a license shall be made until the licensee has been given sufficient opportunity to state his case against the proposal of cancellation of his license.”

4. The co-ordinate Bench of this Court while quashing the impugned order in case of Khushi Lal Prasad (supra) made following observation which reads as under:-

“The facts are clear from the pleadings that a show cause notice, even if served, was only allowing the petitioner, at best, half a days time to submit his response to the same. To add to the injuries, this Court would also take notice of the fact that on the very same day i.e., 16.04.2020 the order cancelling the petitioner’s license has also been issued by the Sub Divisional Officer. The facts are such that there is irresistible conclusion that the Authorities has acted in haste. No sufficient opportunity has been granted to the petitioner and the manner, in which, the order has been passed gives rise to a reasonable likelihood of predisposition in the mind of the Sub Divisional Officer, who has passed the order dated 16.04.2020.

In view of these facts, this Court would hold that the order of the Sub Divisional Officer dated 16.04.2020 cancelling the license of the petitioner is clearly unsustainable as being violative of the principle of natural justice. The order is not in accordance with the procedure prescribed in the Statute. In view of these two findings, this Court is inclined to quash the order dated 16.04.2020 cancelling the petitioner’s Public Distribution System license.”

5. It is evident that though it is the petitioner’s case that he was not served with any show-cause notice, it is the case of the State of Bihar that a proposed show-cause notice was attempted to be served on him. A copy of the show-cause-notice dated 16.04.2020 has been brought on record by way of Annexure-D to the counter affidavit from which it appears that the petitioner was asked to submit his reply on the same day by 4.00 P.M. The Court fails to understand the circumstance in which the Sub-Divisional Officer decided to ask the petitioner to submit his show-cause reply on the same day by 4.00 P.M. so as to fulfill the statutory requirement under Rule 27 of the C