SHIBANTU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 31.12.1999 (Annexure-1) whereby the petitioner's appointment as dealer under the Public Distribution System has been cancelled.

(2.) Petitioner holds licence under the Bihar Trade Articles (Licences Unification) Order, 1984, hereinafter referred to as the Unification Order. He was also appointed as a dealer under the Public Distribution System, for short 'PDS'. By order dated 14th of December, 1989, the Sub-divisional Officer directed for attachment of the consumers of the petitioner's shop to any other shop on the allegation that during the course of inquiry it was found that the petitioner did not disburse foodgrains to many of the consumers and the foodgrains supplied was less in Weight and further petitioner charged higher price from the consumers. It was also alleged that the petitioner had obtained the shop under the PDS by concealing his age. On these allegations, the petitioner's appointment as dealer under the PDS was suspended and he was asked to show cause as to why the same be not cancelled. The petitioner submitted his reply and on consideration of the same, the Sub-divisional Officer cancelled the petitioner's appointment as dealer under the PDS.

(3.) Mr. Labh appearing on behalf of the petitioner submits that the petitioner's licence under the Unification Order has been cancelled which is in violation of the provisions of the Unification Order. In support of his submission, he has placed reliance on a Division Bench decision of this Court in the case of Akhtar Ali v. The State of Bihar and Ors., AIR 1989 Patna 323.