LAWS(PAT)-2014-9-93

PARSAUNI KHIRODHAR PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD. AND ORS. Vs. THE STATE OF BIHAR AND ORS.

Decided On September 16, 2014
Parsauni Khirodhar Primary Agriculture Co -Operative Society Ltd. And Ors. Appellant
V/S
THE STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is licensee for running a shop under the public distribution system issued under the provisions of the Public Distribution System Control Order, 2001 read with the Bihar Fair Price Shop Order, 2007 bearing Licence No. 1 of 2011.

(2.) The licence of the petitioner has been cancelled on grounds of alleged irregularities by the licensing authority being the Sub-Divisional Officer, Belsund, District-Sitamarhi vide order bearing Memo No. 866 dated 17.6.2013 placed at Annexure-1. The proceeding in question has been initiated on the basis of a report given by an inspecting team charging several dealers under the public distribution system of alleged irregularities and the petitioner happens to be one of them. The District Magistrate, Sitamarhi vide letter bearing No. 1259 dated 9.5.2013 directed the Sub-Divisional Officer, Belsund to look into the irregularities and pass appropriate orders in accordance with law. The copy of this order has been placed on record vide Annexure-A to the supplementary counter affidavit. It is in the light of such direction that a show cause was issued to the petitioner by the licensing authority vide letter bearing Memo No. 671 dated 16.5.2013 placed at Annexure-2. In response thereto the petitioner filed his reply and in consideration whereof, the order impugned dated 17.6.2013 as contained in Annexure-1 has been passed by the licensing authority i.e. the Sub-Divisional Officer, Belsund.

(3.) I have heard learned counsel for the parties and I have perused the materials on record.