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A. ABHISHEK REDDY
Md. Mumtaz Ahmad @ Syed Mumtaz Ahmad – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the parties.
2. The present Writ Petition has been filled for the following reliefs:—
“(i) To issue Writ of Certiorari or any other appropriate Writ order to set aside the order contained in Memo No. 175 dated 22.07.2021 (Annexure- 4) to the extent whereby Respondent No. 4 has cancelled the PDS fair price Shop License No. 18/16 issued to the Petitioner.
(ii) To issue Writ of Certiorari or any other appropriate Writ order to set aside the cryptic show cause notice contained in Memo No. 158 dated 09.07.2021 (Annexure- 3) issued to the Petitioner by the Respondent No. 4.
(iii) To issue consequential Writ of Mandamus or any other appropriate Writ order direction directing the Respondents particularly Respondent No. 3 to 5 to immediately restore the aforesaid PDS fair price Shop with supplies, issued to the petitioner.”
3. Learned counsel for the petitioner submits that the solitary ground given in the show cause notice dated 09.07.2021 vide Memo No. 58 for cancelling the PDS licence of the petitioner was that an First Information Report (F.I.R.) bearing Paharpur P.S. Case No. 97 of 2020 had been instituted against the petitioner. Similarly, the impugned order
The mere institution of a First Information Report does not constitute a valid ground for the cancellation of a Public Distribution System license, stressing the need for due process.
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