Petitioner sought quashing of an order cancelling his PDS licence, relying on prior suspension and a High Court decision. The court set aside the cancellation order allowing the writ petition.
Setting aside the impugned order cancelling the PDS licence; disposing of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6080 of 2012
====================================================== Yogendra Prasad Singh Son Of Bachchu Singh @ Surya Bansh Narayan Singh Resident Of Village-Daudpur, P.S.-Kalpa O.P. Distt.-Jehanabad .... .... Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Jehanabad 3. The Sub Divisional Officer Cum Licensing Authority, Jehanabad 4. Block Supply Officer, Jehanabad .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Shiva Shankar Sharma For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
3 04-08-2015 No one appears for the State. Counsel for the petitioner is present.
The petitioner prays for quashing of order dated 02.12. 2011, passed by the District Magistrate,Jehanabad, by which he has upheld order dated 23.10.2007, passed in Supply record no. 67 of 2010 by the SDO (Licensing authority), Jehanabad, whereby the PDS licence no. 02 of 1989 was cancelled.
The petitioner submits that he was already inflicted punishment of suspension of his licence by order dated 27.6.2007 and as such could not have been saddled with another punishment cancelling his licence. In support of his submission, the petitioner has relied upon a division bench
Patna High Court CWJC No.6080 of 2012 (3) dt.04-08-2015
2
decision in LPA no. 15 of 2011 and analogous appeals disposed of on 4.2.2013.
In the circumstances, the impugned order by which the licence of the petitioner has been cancelled by respondent no. 2 and 3 are set aside.
The writ petition is thus disposed of.
(Samarendra Pratap Singh, J)
Shashi./-
U
3 issues framed by the court
Whether the cancellation of the PDS licence is sustainable in view of prior punishment by suspension.
Whether the petitioner was already inflicted punishment of suspension of his licence.
Whether the impugned order cancelling the licence should be set aside.
Colour shows how this judgement treated each authority
LPA no. 15 of 2011Relied on¶6
Patna High Court CWJC No.6080 of 2012 (3) dt.04-08-2015
1 provisions across 1 enactments
Yogendra Prasad Singh
The State Of Bihar
The District Magistrate, Jehanabad
The Sub Divisional Officer Cum Licensing Authority, Jehanabad
Block Supply Officer, Jehanabad
SAMARENDRA PRATAP SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
