SUNIL KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. Upendra Pratap Singh, learned A.C. to Standing Counsel No.-4 for the State.

(2.) The present writ application has been filed for quashing the order as contained in Memo No.637 dtd. 27/2/2020 passed by Sub-Divisional Officer, Arwal by which the P.D.S. Licence No. 022 of 2010 of the petitioner has been cancelled by respondent No.2 on the ground of proven irregularity.

(3.) The brief fact giving rise to the present writ application is that the petitioner is a P.D.S. shop holder of Arwal Nagar Parishad Ward No. 14, Block Arwal, within the district of Arwal. It has been stated in the writ application as well as the supplementary affidavit filed on behalf of the petitioner that S.D.O., Arwal issued show cause dtd. 30/11/2019 for the alleged irregularity and further issued another show cause on 15/1/2020 for a certain irregularity which was duly replied by the petitioner on 21/1/2020. It has further been stated that in the impugned order, the S.D.O., Arwal has relied upon the statements of the consumers recorded on 6/2/2020 and complaint dtd. 10/2/2020 by the Coordinator of Ward Panchayat Nigrani Samiti but no show cause notice was ever served on these two complaints. It has further been stated that the S.D.O., Arwal while passing the impugned order did not apply his independent mind and sent the show cause filed by the petitioner and other material to the Block Supply Officer, Arwal for his opinion and opinion given by the Block Supply Officer, Arwal was not made available to the petitioner.