DEOKI MANDAL SON OF LATE CHHANGURI MANDAL Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY FOOD AND CONSUMER PROTECTION DEPARTMENT

JUDGEMENT

(1.) Heard parties.

(2.) Petitioner'S grievance is that, after he was convicted in Sessions Trial No.721 of 2002/Tr. No.459 of 2015 under Section 302 and other Sections of I.P.C., allocation of his shop was tagged to some other PDS dealer as he was taken in custody. However, subsequently, petitioner filed criminal appeal in which he has been granted bail but the Licensing Authority, vide impugned order as contained in Annexure 4, has cancelled his licence on the ground of his conviction.

(3.) It is contended that there is no provision of cancellation of licence on conviction of a person under any law save and except in contravention of any order made under Section 3 of the Essential Commodities Act, 1955. Learned counsel refers to Clause 14 of the Public Distribution System (Control) Order, 2001 as well as Section 29 of the Targeted Public Distribution System (Control) Order, 2015. Both the provisions are pari-materia and the same are quoted as under: