YASODA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant is the dealer of a fair price shop at village Talkhapur Dumra, Panchayat Madhuban of District- Sitamarhi since 1997. The shop of the appellant is stated to have been inspected some time in NovemberDecember by the Executive Magistrate, Sitamarhi. The Sub divisional Officer, Sitamarhi, 3rd respondent herein, issued a show cause notice on 2.12.2011 to the appellant stating that when the shop was inspected by the Executive Magistrate, it was found that two labourers were mixing the rice and filling the same in bags. Another allegation was that the board was displayed but the relevant particulars were not mentioned. The appellant was required to submit her explanation within three days.

(2.) After receiving the notice, the appellant submitted explanation on 5.12.2011. She stated that in the stock of rice that was received from the F.C.I., some bags were torn off and there was also some rice which was not fit for human consumption and when the inspection was carried out the labourers were segregating the rice of those two categories and filling them in separate bags. As regards other allegations, she submitted that every particular was maintained.

(3.) Not satisfied with the explanation of the appellant, the 3rd respondent passed an order dated 13.12.2011 cancelling her dealership. Aggrieved by the order of cancellation, the appellant filed C.W.J.C. No.9272/12. Learned single Judge dismissed the writ petition through order dated 14.2.2013 taking the view that the 3rd respondent has considered the explanation submitted by the appellant and the order of 3rd respondent does not warrant any interference. Hence, this Letters Patent Appeal.