LAWS(PAT)-2018-7-255

SUNIL KUMAR GUPTA Vs. STATE OF BIHAR

Decided On July 23, 2018
SUNIL KUMAR GUPTA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents.

(2.) The present writ petition has been filed challenging the order contained in Memo No. 164 dated 11.07.2012 passed by the Sub-Divisional Officer, Masaurhi (Annexure-3) by which the license granted to the petitioner for carrying on the business of PDS shop has been cancelled.

(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 cancellation of the licence. Reliance is placed on the decisions of this Court rendered in Bhola Prasad Yadav v. The State of Bihar & others, 2010 (3) PLJR 825 and also in Parsauni Khirodhar Primary Agriculture Co-operative Society Ltd. & others v. The State of Bihar and others, 2015 (3) PLJR 189.