(1.) HEARD learned counsel for the petitioner and the State.
(2.) THE petitioner prays for setting the order dated 28.6.2002 passed by the S.D.O., Barsoi cancelling his PDS retail licence as well as order of Collector, Katihar dismissing the appeal for default. Learned counsel for the petitioner submits that it would appear from the impugned order dated 28.6.2002 of the S.D.O., Barsoi that his show cause which was filed on 13.6.2002 was not considered. So far as the appellate order is concerned, learned counsel submits that the appeal was admitted on 22.11.2002 and thereafter he remained usually present in court. Learned counsel states that on some of the dates he was not present and the Presiding Officer also did not hold court.
(3.) LEARNED counsel for the State submits that it is stated in the impugned order of S.D.O., Barsoi that despite opportunity the show cause and the requisite registers were not produced before the licensing authorities.