LAWS(PAT)-2021-7-182

VIMAL YADAV Vs. STATE OF BIHAR

Decided On July 23, 2021
Vimal Yadav Appellant
V/S
STATE OF BIHAR Respondents

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 petition has been filed for quashing the order dtd. 17/9/2011 passed by the learned Sub-Divisional Officer, Sadar Saharsa, whereby and whereunder the license of the public distribution system shop of the petitioner bearing License No. 17/2018 has been cancelled as also the appellate order dtd. 30/8/2017 passed by the learned Collector-cum-District Magistrate, Saharsa and the order passed by the learned Divisional Commissioner, Koshi Division, Saharsa, whereby and whereunder the Supply Revision Case No. 58 of 2017, has been dismissed by an order dtd. 4/12/2019.

(3.) The brief facts of the case are that on 5/5/2011, the Commissioner, Koshi Division had constituted a team for inspection of the PDS shop of the petitioner and upon inspection certain irregularities were found, whereafter an inspection report was submitted to the licensing authority. A show cause was then issued to the petitioner on 25/8/2011 inter alia mentioning therein the various irregularities having been found to have been committed by the petitioner. The petitioner had then filed his show cause reply dtd. 8/9/2011, however, the Sub-Divisional Officer, Sadar Saharsa by an order dtd. 17/9/2011 had cancelled the PDS shop license of the petitioner by a cryptic order. The petitioner had filed an appeal, however, the same was also dismissed by the impugned order dtd. 30/8/2017 leading to the petitioner challenging the same by filing a revision petition bearing Supply Revision Case No. 58 of 2017 but the same was also dismissed by the impugned order dtd. 4/12/2019.