IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22682 of 2018

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Sri Narayan Prasad @ Narayan Prasad S/o Late Bajrangi Prasad, Resident of

Village-Hemja, Panchayat-Kenar Fatehpur, P.S.-Wazirganj, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food & Consumer Protection

Department, Old Secretariat, Patna.

2.

The Sub-Divisional Officer, Sadar, Gaya.

3.

The Block Supply Officer, Bodh Gaya

4.

The Block Supply Officer, Wazirganj, Gaya

5.

The Circle Officer, Fatehpur, Gaya.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Vijay Anand, Adv.

For the State

:

Mr. Vijay Kumar Sinha, Adv.

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

and

HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 23-01-2023

Heard Mr. Vijay Anand, learned advocate for

the petitioner and Mr. Vijay Kumar Sinha for the State.

The license of the petitioner has been cancelled

under Section 28 of the Bihar Targeted Public Distribution

System (Control) Order, 2016.

The learned counsel for the Petitioner has invited

our attention to the show-cause notice dated 14.07.2017

which was issued to him after the institution of the F.I.R.

against him for explaining his cause. Before such notice

Patna High Court CWJC No.22682 of 2018 dt.23-01-2023

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could be responded to, the license of the petitioner has

finally been cancelled.

The learned counsel for the petitioner submits

that when the F.I.R. is lodged against a PDS dealer and it

is difficult to serve notice upon him for the reason of his

having gone fugitive or of his being taken into custody,

then the license is suspended in the first instance and

thereafter notice is issued for taking a final decision.

In the present case, final order of cancellation of

license has been passed straightway even when the

petitioner had not replied to the notice which he now

intends to.

Considering that every licensee is required to be

heard before a final order of cancellation is passed, we are

inclined to provide one more opportunity to him.

Accordingly, the order dated 09.11.2017

cancelling the license of the petitioner (Annexure-5) is set

aside.

Patna High Court CWJC No.22682 of 2018 dt.23-01-2023

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The matter is remitted to the Licensing Authority,

who shall issue a fresh notice to the petitioner within a

period of fifteen days from the date of receipt/production

of a copy of this order, giving reasonable time to the

petitioner to respond to such notice.

The petitioner shall respond to such notice within

30 days of his receipt of the notice and only after

adverting to the reply and all other necessary facts, the

Licensing Authority shall pass a final order within a further

period of 60 days thereafter.

We need not remind the Licensing Authority that

he is required to pass a reasoned order.

The application stands allowed and disposed of in

terms of what has been recorded above.

rishi/-

(Ashutosh Kumar, J)

( Satyavrat Verma, J)

AFR/NAFR

NAFR

CAV DATE

NA

Uploading Date

31.01.2023

Transmission Date