Dinesh Sharma v. the State of Bihar and Ors.
Case brief
What is this about?
Petitioner challenged cancellation of his Public Distribution System licence. The High Court held the order illegal for failing to serve the enquiry report and complainant statements before cancellation, remanding the matter for a fresh hearing.
What did the court decide?
The order of the District Magistrate and the order of the Sub-Divisional Officer cancelling the licence were quashed and the matter was remanded to the SDO for fresh decision after serving documents a
What the court decided
A compact analysis
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.8552 of 1998 =========================================================== Dinesh Sharma s/o Sri Kapil Deo Singh resident of village Bana, P.S. Khizarsarai, District Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Collector, Gaya. 3. The Sub-Divisional Officer, Sadar, Gaya. 4. The Assistant District Supply Officer, Sadar Gaya, Gaya..... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. None. For the Respondent/s : Mr. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 24-02-2015 Shivaji Pandey,J No one appears for the petitioner and the State.
In this case, petitioner is challenging the order dated 28th October 1997 assed by the District Magistrate and Collector, Gaya in Misc. Application No. 62 of 1997(Annexure-5) whereby he affirmed the order dated 5th February 1997 (Annexure-4) passed by the Sub-divisional Officer, Sadar, Gaya whereby and whereunder the licence of the petitioner was cancelled.
The facts of the present case is that the petitioner was given licence of Public Distribution System vide Licence No. 7 of 1990 which was renewed from time to time.
On 28th December 1996, the Assistant District Supply Officer, Gaya, Respondent no.4 made an enquiry at 1.30 hours where 20-25 persons of general caste and members of the Scheduled Caste comprising 30-40 women made complaint that they were receiving K. oil and sugar regularly but once in four months. They made oral complain, whenever they approached the petitioner for aforesaid commodities, he used to refuse and return back them with filthy language and it has been complained that the petitioner was not a resident of
Issues for consideration
3 issues framed by the court
Whether a show-cause notice was validly issued in compliance with Clause 11(2) of the Unification Control Order.
Whether considering allegations not expressly detailed in the notice vitiates the cancellation order.
Whether the licensing authority was required to serve the enquiry report and complainant statements before cancelling the licence.
Parties & counsel
- petitioner
Dinesh Sharma
- respondent
The State of Bihar
- respondent
The Collector, Gaya
- respondent
The Sub-Divisional Officer, Sadar, Gaya
- respondent
The Assistant District Supply Officer, Sadar Gaya, Gaya
Case details
As recorded by the court registry
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