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2021 Supreme(Pat) 1139

MADHURESH PRASAD
Veer Bahadur Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr N K Agrawal, Sr. Adv., Manoj Kumar Pandey.
For the Respondent: Mr Rewti Kant Raman.

Madhuresh Prasad, J.—Heard learned senior counsel for the petitioner and the respondents.

2. The petitioner has approached this Court assailing the order dated 04.06.2020 passed by the Sub-Divisional Officer, Sadar, Ara cancelling his Public Distribution System (for brevity, PDS) License No 103 of 2018 on grounds of some alleged irregularities.

3. Undisputed facts are that a show cause notice was issued to the petitioner on 23.05.2020. Another notice dated 01.06.2020 has also been issued to the petitioner. The cancellation of the license is under order dated 04.06.2020.

4. Learned Senior Counsel for the petitioner submits that the first show cause notice dated 23.05.2020 was served on him on 02.06.2020. The time granted for responding to the said notice had lapsed long before it was served on the petitioner as the same only allowed two days’ time to respond. It is further submitted that the impugned order dated 04.06.2020 was issued cancelling the PDS license of the petitioner, though the show cause only proposed suspension.

5. The learned State Counsel submits that the plea of lack of opportunity on account of a very delayed service of the show cause notice or insufficient time to res

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