ANAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE writ petitioenr -appellant was holder of a licence for running a P.D.S. shop in Narendrapur Gram Panchayat of Laukahi Block, Phulparas Sub -Division, Madhubani. On 18.6.2008, in course of surprise inspection of the shop of the writ petitioner -appellant by the respondent authorities, certain irregularities were found for which a show cause notice was issued. Upon submisssion of the reply by the writ petitioner -appellant, the licensing authority, i.e. the Sub -Divisional Officer, Phuiparas, cancelled the licence of the writ petitioner - appellant, which was challenged before the Collector, Madhubani, the appellate authority. The appeal also stood rejected and the order passed by the licensing authority cancelling the licence of the writ petitioner - appellant was affirmed. Both the aforesaid orders were challenged by the writ petitioner -appellant by filing a writ petition, being CWJC No. 2049/ 2009, which too has been dismissed by the order dated 11.2.2009 and which is under challenge in this appeal.

(3.) IT has been urged on behalf of the writ petitioner -appellant that the impugned orders have been passed by the authorities in a most casual and mechanical manner without application of mind as only certain irregularities were found. Contention is that since there were no allegations against the writ petitioner -appellant that he was either involved in blackmarketing of the P.D.S. commodities or had illegally siphoned off the materials supplied under Public Distribution System, the orders impugned ought to have been quashed by the learned Single Judge.