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2021 Supreme(Pat) 1074

ASHWANI KUMAR SINGH
Bhola Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Tribhuwan Narayan.
For the Resp.-State : Mr. Arbind Ujjwal.

ASHWANI KUMAR SINGH, J.:–Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for quashing the order passed by the Sub Divisional Officer (Supply), respondent no.5, vide Memo No.686/Aa, dated 13.04.2020 whereby and whereunder the PDS license of the petitioner bearing License No.77/2007 has been cancelled.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a show cause notice was not served upon him and he was not given any opportunity of being heard or adducing evidence in that regard.

4. Learned counsel appearing for the respondent has contested the matter but does not dispute the fact that before cancellation of license, opportunity of hearing was not given to the petitioner.

5. In above view of the matter, this Court is satisfied that none service of the show cause notice to the petitioner has resulted in violation of principle of natural justice and the order impugned has been passed completely ignoring Rule 27 of the Bihar Targeted Public Distribution System (Control) Order, 2016, which reads as under:—

“27. Cancellation of License.—(i) If

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