MD. JALIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order dated 27.10.2018 passed by the Sub-Divisional Officer, Areraj, East Champaran, Motihari whereby and whereunder the licence of the public distribution system shop of the petitioner bearing licence no. 1/2016 has been cancelled.

(3.) The brief facts of the case are that the petitioner is a public distribution system licence dealer, who is running a PDS shop. A show cause notice dated 4.10.2018 was issued to the petitioner by the Sub-Divisional Officer, Areraj, East Champaran, requiring the petitioner to submit his clarification / reply with regard to the irregularities found during the course of inspection and in fact, the inspection report was also enclosed therein. The petitioner had then filed his reply dated 8.10.2018. The Sub-Divisional Officer, Areraj, East Champaran, had found the reply of the petitioner to be unsatisfactory, hence, by a second cause notice dated 13.10.2018, the petitioner was asked to submit his reply as to why his licence be not cancelled. The petitioner had again submitted a detailed reply dated 22.10.2018, whereafter the impugned order dated 27.10.2018 has been passed by the Sub-Divisional Officer, Areraj, East Champaran, cancelling the PDS licence of the petitioner herein. The petitioner had then filed an appeal bearing Appeal No. 18 of 2018 before the learned court of Collector-cum-District Magistrate, East Champaran, Motihari, however, the same has also stood dismissed by an order dated 29.11.2019.