CHULHANAND PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have learned counsel for the petitioners and the State. Petitioners seek quashing of orders dated 18.12.2007/20.12.2007 appended as Annexures-4 & 5 in the C.W.J.C. Nos. 22216 of 2011 and 22512 of 2011 respectively, passed by the Sub-Divisional Officer-cum-Licensing Authority, Araria, whereby respective licences of the petitioners have been cancelled on the ground of having been issued without following the procedure laid down in the Public Distribution System (Control) Order, 2001 (hereinafter referred to as the "Control Order"). The petitioners also challenge the order dated 12.2.2008 passed by the Collector, Araria, by which the matter has been remitted back for fresh consideration for grant of licence but strictly according to the procedure laid down in the Control Order.

(2.) Learned counsel for the petitioners has raised only one short issue that the licence of the petitioners having been granted in the year 2006 itself, the same could not have been cancelled by the authorities on the ground that the same was granted without following the procedure laid down in the 2001 Control Order.

(3.) A counter affidavit has been filed on behalf of the State.