(1.) Heard counsel for the parties.
(2.) Petitioner's PDS licence 7/88 was cancelled initially by order dated 30.12.2004 bearing memo no. 754 passed by the Sub Divisional Officer, Godda (Annexure-2) on the grounds of irregularity in the operation of PDS shop at Gram Panchayat Pathra Block Godda District Godda.
(3.) Allegations made were that there is serious discontent among the consumers; petitioner has been living in his house constructed at Sarkanda; PDS is not opened on regular basis; distribution of PDS items/kerosene oil, etc is being done on irregular basis. Allegations have been made of charging PDS items on higher price from the consumers; on physical inspection, PDS items were found in excess than what was reflected in the store register such as kerosene oil and rice, while wheat was found in lesser quantity. The order of cancellation at Annexure-2 dated 30.12.2004 was however quashed by the learned Single Judge of this Court in WPC No. 1013/2005 vide judgment dated 02.03.2005 (Annexure-2/1) on the grounds that no show-cause or opportunity of hearing was given to the petitioner. However, liberty was reserved to the Respondent to proceed afresh in accordance with law. By Annexure-2/2 order dated 07.04.2005, PDS licence was restored.