SUMAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for setting aside the order dated 06.08.2013 issued under Memo No. 1747 dated 06.08.2013 by which the license granted under the provisions of P.D.S. order for carrying on business under PDS system has been cancelled by the Sub-Divisional Officer, Pakridayal, East Champaran at Motihari and further for quashing the order dated 13.11.2014 passed in Case No. Supply 23/2013 by the Collector, East Champaran at Motihari by which the statutory appeal filed against the order of S.D.O. has been rejected.

(3.) Learned counsel for the petitioner submits that NEFT payment could not be made for certain months between January, 2013 and June, 2013 owing to illness and financial constraints. Default in remittance was not willful and in any event the Principal Secretary, Food and Consumer Protection Department, Government of Bihar by letter dated 12.09.2012 had instructed all the District Magistrates that license should not be cancelled on the ground of failure to make payment for lifting the food-grains.