YOGENDRA RAI @ YOGENDRA YADAV S/O DEO NARAYAN RAI, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLY DEPARTMENT GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. Bijay Bhushan Prasad for the petitioner and Mr. Paras Mani, Assisting Counsel to G.P.-8 for the State.

(2.) Despite adjournments being granted to the counsel for the State on 19.3.2015 and again on 17.4.2015, the instructions are wanting and no counter affidavit has been filed. Learned counsel submits that he has not received instruction. In the circumstances the prayer for further adjournment is rejected. Vide order passed on 17.4.2015 while granting adjournment to the State counsel, this Court had made clear stipulation that no further adjournment would be granted and in case no counter affidavit is filed by the next date, the matter would be disposed of on the basis of materials on record by drawing adverse inference and accordingly the matter is being considered and disposed of at the stage of admission itself on the basis of materials on record.

(3.) The petitioner is a licensee under the Public Distribution System (Control) Order, 2001 enforced in the State of Bihar vide Fair Price Shop Order, 2007 (hereinafter referred to as 'the Control Order') and is aggrieved by the order dated 08.10.2013 passed by the Collector, Samastipur in Case No. 22 of 2013 whereby the Collector as an appellate authority has confirmed the order dated 17.1.2012 of the licensing authority-cum-Sub-Divisional Officer, Rosera whereby the license of the petitioner bearing No. 353 of 2007 has been cancelled inter alia on grounds of his conviction in a criminal case arising from Sessions Case No. 200 of 1995 in Bibhutipur P.S. Case No. 61 of 1993 whereby the petitioner has been sentenced to life imprisonment.