DHARAM DEW CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner held a license to run a P.D.S. shop under Bihar Targetted Public Distribution System (Control) Order, 2016 (...Control Order, 2016... for short) for the Gram Panchayat Tungi in the district of Nalanda, which came to be cancelled by an order of the Licensing Authority dtd. 28/5/2019 on the allegation of certain irregularities committed by him. The petitioner preferred an appeal against the said order of the Licensing Authority before the Appellate Authority, i.e., the District Magistrate, Nalanda, giving rise to Supply Case No. 19 of 2019, which has been dismissed by an order dtd. 4/2/2021.

(2.) The petitioner has assailed in the present writ application filed under Article 226 of the Constitution of India, the said order of the Licensing Authority dtd. 28/5/2019 and the Appellate Authority dtd. 4/2/2021.

(3.) The Control Order, 2016, has been issued in exercise of powers conferred under Sec. 3 and Sec. 5 of the Essential Commodities Act and it is not disputed that it is statutory in nature. Rule 32(vii) of the Control Order, 2016, which confers revisional jurisdiction upon the Principal Secretary/Secretary of the Department. Rule 32(vii) reads thus: -