MADHUSUDAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioners have challenged the decision, which was communicated fide letter dated 8.8.2000 and 9.8.2000 issued under the signature of respondent No. 4, Subdivisional Officer, Porhat, Chakradharpur, whereby and whereunder the petitioners licences under the Public Distribution System have been cancelled.

(2.) THE petitioners were granted licences under unemployed graduate scheme in respect of fair price shop under Public Distribution System being licence Nos. 3/98, 5/ 98 and 7/98. The respondents stopped supply of food grains to the petitioners and suspended the licence on the ground, inter alia, that licence can be issued only to the members of scheduled caste and scheduled tribe. The petitioner Nos. 1 and 2 challenged the decision of the respondents by filing CWJC No. 2051/99(R). The writ application was allowed on 6.10.1999 and the order suspending licence was quashed. The relevant portion of the order reads as under: - -

(3.) IN the counter affidavit filed by the respondent No. 4, Sub -divisional Officer, it is stated that he has acted in accordance with law and under the legal obligation to abide by the direction of the Government. The cancellation of licences of the petitioner is in accordance with the guidelines of the Government and well within his jurisdiction being the licensing authority. It is further stated that the petitioners were granted licence by mistake, overlooking the direction of the Government. A copy of the letter No. 2236 dated 16.5.2000, issued under the signature of Deputy Secretary to the Government, Food Supply and Commerce Department, Bihar, Patna, has been annexed as Annexure -A to the counter affidavit.