Patna HC quashed District Magistrate's order affirming P.D.S. licence cancellation without applying judicial mind and remanded matter for fresh decision.
Order dated 04.03.2016 quashed; matter remanded to District Magistrate for fresh decision applying judicial mind.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14081 of 2016
=========================================================== Sita Ram Keshari, son of late radhika Prasad Keshari, resident of Village-Bambar, P.S.- Sangrampur District- Munger
.... .... Petitioner
Versus
.... .... Respondents
===========================================================
Appearance: For the Petitioner/s : Mr. Sushmita Mishra, Adv. For the Respondent/s : Mr. Shashi Shekhar Prasad Sinha, A.C. to G.A.6
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 12-05-2017
Heard learned counsel for the petitioner and learned
counsel for the State.
2. In the present case, the petitioner is challenging the order dated 04.03.2016 passed in P.D.S. Appeal No.02 of 2014-15, whereby and whereunder he has dismissed the appeal filed by the petitioner and affirmed the order of the Sub-Divisional Officer, Kharagpur dated 24.06.2014, by which the P.D.S. licnece of the petitioner has been cancelled.
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3 . It appears that on receipt of complain the Block Supply Officer-cum- Supply Inspector conducted the inquiry and found that the petitioner was not running the P.D.S. shop properly, rather violating the instructions issued by the Government from time to time and in an illegal manner he is lifting the food-grains and kerosene oil for black marketing. Accordingly, show cause was issued, which was replied by the petitioner, but the show cause was not to the satisfaction of the licensing authority, led to cancellation of the P.D.S. licence.
4. The petitioner filed an appeal before the District Magistrate, Munger, but the District Magistrate without dealing with the matter has affirmed the order of the Sub-Divisional Officer by a cryptic order. From a perusal of the order it appears that the District Magistrate has not discussed the merit of the case and without applying his judicial mind has passed the order, which is not sustainable in law.
5. In such view of the matter, the order dated 04.03.2016 passed by the District Magistrate, Munger is quashed. The matter is remanded back to the District Magistrate, Munger, for passing a fresh order in accordance with law. The petitioner, if so advise, may file supplementary ground of appeal. The appellate authority will be
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obliged to look into the matter and take decision in accordance with
law.
6. With the aforesaid observations and directions, this writ
(Shivaji Pandey, J)
pawan/-
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| UploadingDate | 24.05.2017 |
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1 issue framed by the court
Whether the impugned order affirming the cancellation of P.D.S. licence without applying judicial mind should be quashed.
Sita Ram Keshari
The State of Bihar through the Principal Secretary, Department of Food & Civil Supply
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
