High Court set aside Sub-Divisional Officer's order cancelling PDS license due to insufficient time for reply and lack of enquiry report, remitting matter for fresh consideration.
Quashed order of PD license cancellation; remitted for fresh consideration with reply filed within six weeks; disposal within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14167 of 2012
====================================================== Rajeshwar Singh, S/o Late Ram Balak Singh, Resident of Village - Budhaul, P.S. - Fatehpur, District - Gaya
.... .... Petitioner
.... .... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the Respondent/s : Mr. M. D. Dwivedi, SC-23
====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
2 04-08-2015 The petitioner prays for quashing the order dated 09.05.2012 passed by the Sub-Divisional Officer, Sadar, Gaya cancelling his Public Distribution System license.
Patna High Court CWJC No.14167 of 2012 (2) dt.04-08-2015
2 / 2
for filing show-cause reply was insufficient as it deprived the petitioner of an adequate opportunity to present his case in absence of enquiry report. The impugned order dated 09.05.2012 is accordingly set aside and the matter is remitted to the SubDivisional Officer, Sadar, Gaya for fresh consideration. The petitioner would file his show-cause reply within six weeks form today along with a copy of this order. The licensing authority would then dispose of the matter within a period of three months.
(Samarendra Pratap Singh, J.)
Uday/-
U
2 issues framed by the court
Whether three days time granted for filing showcause reply was sufficient in absence of enquiry report.
Whether the quashing of the order cancelling Public Distribution System license is justified.
Colour shows how this judgement treated each authority
Sheojee Chaudhary Vs. The State of Bihar & OrsRelied on¶2
C.W.J.C. No. 10187 of 2004 (Sheojee Chaudhary Vrs. The State of Bihar & Ors)
2 provisions across 2 enactments
Rajeshwar Singh
The State of Bihar through the Secretary, Food & Supply Department
The District Magistrate, Gaya
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
