JAG NARAYAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State and its authorities. By this writ petition, the petitioner challenges the original as well as the appellate order of the authority concerned by which his licence bearing Licence No. 26 of 1985 for Fair Price Shop under the Public Distribution System was cancelled.

(2.) Learned counsel for the petitioner submits that the petitioner has been running his Fair Price Shop on the basis of licence granted by the authorities concerned. He further submits that a criminal case bearing Nokha P.S. Case No. 76 of 2006 was instituted on 17.4.2006 against the petitioner and others for offences punishable under Sections 304B and 34 of the Indian Penal Code in which the petitioner was arrested. Learned counsel for the petitioner also states that on the basis of the aforesaid police case, the aforesaid licence of petitioner was cancelled by Sub-Divisional Officer, Sasaram (respondent No. 4) vide his order dated 18.12.2006 (Annexure-1).

(3.) Learned counsel for the petitioner further states that against the said order the petitioner filed Supply Appeal No. 03 of 2007 which was dismissed by Collector, Rohtas (respondent No. 3) vide his order dated 28.11.2008 (Annexure-2). Learned counsel for the petitioner avers that petitioner and others were acquitted from the aforesaid criminal case subsequently vide order dated 29.1.2009 (Annexure-7) passed by Additional Sessions Judge-cum-Fast Track Court No. III, Rohtas in Sessions Trial No. 449 of 2007.