KUSHESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

(2.) The petitioner seeks to assail the order dated 04.03.2014 (Annexure 5) passed by the Sub-Divisional Officer, Sitamarhi Sadar, contained in Memo No. 102/AA, by which his PDS licence has been cancelled.

(3.) Learned counsel for the petitioner submits that the petitioner is a PDS licence holder, bearing Licence No. 65 of 2007, issued on 14.08.2007. It is submitted that vide letter dated 05.10.2013, the Sub-Divisional Officer, Sitamarhi Sadar issued a show cause notice to the petitioner alleging, inter alia, that his shop was found to be closed on 010.201 The petitioner answered the said show cause notice on 21.10.2013, where after the matter was put to rest. He further submits that vide Memo No. 959/AA dated 09.12.2013, contained in Annexure B to the counter affidavit, a second show cause notice was issued to the petitioner making certain allegations regarding irregularities being committed in his PDS shop. In the said notice, it was alleged that some of the beneficiaries of Antyodaya Scheme had complained against him, on the basis of which certain enquiries were conducted and on the basis of such enquiry report, it was found that the petitioner had been indulging in malpractices in running the PDS shop allotted to him. Thus, a fresh notice was issued to him on 09.12.2013 calling upon him to show cause.