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2021 Supreme(Pat) 1012

VIKASH JAIN
Amir Lal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. N.K. Agrawal, Sr. Advocate, Mr. Manoj Kumar Pandey, Ms. Preety Kunwar.
For the Respondent: Mr. Alok Ranjan, AC to AAG.

JUDGMENT :

1. Heard learned counsel for the petitioner as well as learned counsel for the respondents. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present writ petition has been filed "for quashing the order contained in Memo No. 249 dated 09.05.2020 passed by the learned S.D.O. Masaurhi by which the P.D.S. Licence No.31/2016 of the petitioner has been cancelled."

3. It is submitted that the impugned order of cancellation of the petitioner's PDS licence has been passed without a show cause notice in that regard and the only show cause notice issued was for the purpose of suspension of the petitioner's licence. It is therefore submitted that the impugned action has been taken without confronting the petitioner with regard to proposed cancellation of the licence. Reliance is placed on the decisions of this Court rendered in Bhola Prasad Yadav vs. The State of Bihar & others, 2010 (3) PLJR 825 and also in Parsauni Khirodhar Primary Agriculture Co-operative Society Ltd. & o

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