DILIP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case has been taken up for online hearing through video-conference because of COVID-19 pandemic restrictions.

(2.) The petitioner was granted a license to run a PDS shop under the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016 (for short .. the Control Order, 2016). The said license came to be cancelled by an order dtd. 14/6/2012 passed by the Sub Divisional Officer, Piro. The petitioner's appeal preferred against the said order of the Licensing Authority came to be dismissed by an order dtd. 31/7/2019 passed by the District Magistrate, Bhojpur, Ara. The petitioner, thereafter, preferred a revision application before the Divisional Commissioner, Patna against the order of cancellation of license which has been dismissed by an order dtd. 5/8/2021. The said orders dtd. 14/6/2012, 31/7/2019 and 5/8/2021 are under challenge in the present writ application.

(3.) Learned counsel appearing on behalf of the petitioner has submitted that the impugned order passed by the Licensing Authority cancelling the petitioner's license is in clear violation of principles of natural justice inasmuch as the show cause notice was issued to the petitioner for cancellation of license upon receipt of an inspection report which was never supplied to him. She contends that the very basis for initiation of the process for cancellation of license having not made known to the petitioner, the action of the respondents cannot be justified which are patently illegal and deserve interference by this Court in the present proceedings under Article 226 of the Constitution of India.