SHARWAN KUMAR 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 is a licensee of a P.D.S. shop, bearing Licence No.90/2007, in Gram Panchayat Raj Kataria, Block-Piro, District-Bhojpur since the year 2007. The said licence has been cancelled by means of an order passed by the Sub-Divisional Magistrate, Piro, Bhojpur, issued vide Memo No.1894 dated 20.10.2011 (Annexure 3). The petitioner preferred an appeal against the aforementioned order, bearing Revenue Appeal No.19/2011-12, which was also dismissed on 04.05.2012/22.05.2012 (Annexure 4). Thereafter, the petitioner also preferred Essential Commodities Act Revision No.200 of 2013, which met the similar fate on 10.10.2013/15.01.2014 (Annexure 6).

(3.) Learned counsel for the petitioner submits that on 22.09.2011, the SDO, Piro (Supply Section) issued show cause notice to the petitioner, vide Letter No.1748 dated 22.09.2011 (Annexure 1). The petitioner answered the said show cause notice denying the allegations made in the same, but though the show cause was filed well within time, the respondent-SDM, Piro proceeded to cancel the licence of the petitioner, vide Memo No.1894 dated 20.10.2011 (Annexure 3). The said order was passed ignoring the contentions of the petitioner in the reply to the show cause. Learned counsel for the petitioner contends that the notice did not contain the substance of the allegations nor was the petitioner permitted to examine/cross-examine the allegationists, on the basis of which the impugned notice has been issued to him.