LAWS(PAT)-2017-11-42

MOSTT. SONAWTI DEVI Vs. THE STATE OF BIHAR

Decided On November 06, 2017
Mostt. Sonawti Devi Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order as contained in memo no. 1543 dated 17.11.2014 passed by the Sub-divisional Officer, Belsand, District Sitamarhi, whereby and whereunder the PDS licence of the petitioner has been cancelled on the basis of recommendation of the Block Supply Officer, Belsand; and for issuance of a writ in the nature of mandamus commanding and directing the respondent authority to restore the licence of PDS dealership of the petitioner bearing Licence No. 01/2010.

(2.) Learned counsel for the petitioner submits that a show cause notice dated 13.11.2014 was issued granting three days time to file show cause explaining why the requisite amount for lifting food grains had not been deposited for the month of July, 2014. It is submitted that the amount of Rs. 77,649/- and Rs. 21,560/- (total Rs. 99,209/-) was immediately thereafter deposited through two separate challans dated 17.11.2014, but without considering the same the impugned order of cancellation has been passed on the very day. It is submitted that the delay in deposit was owing to illness and wholly bona fide. The 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 licence should not be cancelled on the ground of failure to make payment for lifting the food-grains.

(3.) Learned counsel for the respondents appears and submits that the petitioner had defaulted in making the payment for the month of July, 2014 and the petitioner's licence has rightly been cancelled.