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2022 Supreme(Pat) 293

RAJAN GUPTA, MOHIT KUMAR SHAH
Sheodhari Prasad @ Sheodhari Yadav @ Shivdhari Prasad @ Shivdhari Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Sanjay Kumar Sharma.
For the Respondent: Mr. Arvind Ujjwal.

RAJAN GUPTA, J.:–The present writ petition has been filed for quashing the order dated 04.10.2017 passed by the Sub-Divisional Officer, Sadar Gaya, whereby and where-under the P.D.S. license of the shop of the petitioner bearing license no. 52/07 has been cancelled as also for quashing the order dated 16.07.2019 passed by the District Magistrate, Gaya in Supply Appeal No. 14/19, whereby and whereunder the appeal of the petitioner has been dismissed and the order passed by the Sub-Divisional Officer, Sadar Gaya dated 04.10.2017 has been upheld.

2. The brief facts of the case are that pursuant to an inspection held at the P.D.S. shop of the petitioner on 08.06.2017 at about 11.45 AM, various irregularities were found including non-supply of foodgrains to the consumers since the past one year, apart from the shop of the petitioner having been found to be closed and the petitioner being not present there.

3. It appears that an enquiry report was submitted by the Enquiry Officer to the Sub-Divisional Officer, Sadar Gaya on 08.06.2017, where-after an FIR bearing Fatehpur P.S. Case No. 187/17 was lodged against the petitioner on 12.06.2017 under Section 420 of the Indian Penal Code and Sect

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