LAWS(PAT)-2018-1-32

RAJENDRA PRASAD Vs. STATE OF BIHAR

Decided On January 12, 2018
RAJENDRA PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) The writ petition has been filed for setting aside the order dated 26.07.2014 passed by learned District Magistrate, Nalanda in Supply Case No. 54/2006 by which the learned District Magistrate was pleased to dismissed the appeal preferred by the petitioner challenging the order dated 02.06.2006 by which the Sub-Divisional Officer, Biharsharif was pleased to cancel the license of the petitioner to carry on trade as an P.D.S. dealer.

(3.) It is submitted that the impugned order of cancellation of the petitioner's PDS licence has been passed without a show cause in that regard and the only other show cause issued was for the purpose of suspension of the petitioner's licence. It is therefore submitted that the impugned action has been taken without confronting the petitioner with regard to proposed cancellation of the licence. Reliance is placed on the decisions of this Court rendered in Bhola Prasad Yadav vs. The State of Bihar & others, 2010(3) PLJR 825 and also in Parsauni Khirodhar Primary Agriculture Co-operative Society Ltd. & others vs. The State of Bihar and others, 2015(3) PLJR 189 .