LALA PASWAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have challenged the orders as contained in Annexure-3 and Annexure-5. By Annexure-3, dated 08.04.2009, the petitioners' license had been suspended on the ground that the petitioners had changed the business premises from where they were operating, as well as on the ground that there were anomalies in the distribution of Kerosene Oil. The petitioners were asked to show cause. Without considering their show cause or issuing the second notice to the petitioners, Annexure- 5 was issued by the Sub Divisional Officer, Sadar Gaya cancelling the license of the petitioners on the same grounds on which the license was suspended.

(2.) Counsel for the petitioners submits that this case is covered by the judgment of this Court in the case of Pramod Kumar Vs. State of Bihar & Ors,2010 1 BLJ 267 wherein the Court has interpreted the provisions of the Public Distribution System Control Order, 2001 .The relevant provisions 7 (ii), 7(iv) and 7 (v) are quoted hereinbelow:-

(3.) It would appear that after the order of suspension was issued, the matter was not sent to the District Level Selection Committee as required under Clause 7 (v) of the Order, 2001 and without doing so, the order of cancellation was passed.