SAVITRI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed seeking quashing of the order dated 06/07/2018 passed by the Sub-Divisional Officer, Masaurhi whereby and where under the PDS license of the petitioner bearing License No. 69 of 2016, has been cancelled as also for quashing the appellate order dated 29.06.2020 passed in E.C. Appeal Case No. 29 of 2018-19 by the learned Collector, Patna, wheerby and where under the appeal has been dismissed.

(2.) The learned counsel for the petitioner submits that a bare perusal of the show cause notice dated 12/06/2018 issued by the Sub-Divisional Officer, Masaurhi would show that the same is contrary to the mandate of clause-27(ii) of the Bihar Targeted PDS Control Order, 2016 which clearly stipulates that no order of cancellation shall be made until the lincencee has been given sufficient opportunity to defend his case against the proposal of cancellation of license, however, the show cause notice dated 12/06/2018 issued to the petitioner does not contain any such proposal for cancellation of license, hence the petitioner has been precluded from submitting his wholesome defence to the proposal of cancellation of license.

(3.) In this regard, the learned counsel for the petitioner has relied upon a judgment rendered by the learned Division Bench of this Court dated 10/07/2018 passed in L.RA. No. 499 of 2018 (Ram Bechan Ram Vs. The State of Bihar and Ors), relevant paragraphs whereof are reproduced herein below:-