Petitioner challenged the cancellation of his PDS shop licence as cryptic and unfounded. The order cancelling the licence is set aside and remanded to supply the petitioner with the enquiry report for passing reasoned orders.
Order dated 11.02.2017 setting aside licence cancelled and matter remanded to S.D.O. to furnish enquiry report.
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.3211 of 2017
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Harendra Ram S/o Ram Pukar Ram Resident of Village - Mahuli, P.S. - Ara Muffasil, District - Bhojpur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance:
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate and Mr. Dhananjaya Nath Tiwari, Advocate. For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC 4.
========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
State.
The petitioner is challenging the order issued under Memo No. 638 dated 11.02.2017 whereby the Sub Divisional Officer has cancelled the licence of the petitioner for running a PDS shop.
In the present case, on the complaints having been raised by some of the consumers, an enquiry was conducted with regard to the working of the P.D.S. shop of the petitioner and during the inspection certain irregularities were found to have been committed by the petitioner which led to calling upon the petitioner to file his show cause and thereafter order dated
Patna High Court CWJC No.3211 of 2017 (2) dt.09-05-2017
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11.02.2017 has been passed cancelling the licence of the petitioner.
The order of the S.D.O. is not well founded and cryptic in nature. In such view of the matter, the order dated 11.02.2017 is set aside and the matter is remanded back to the S.D.O. directing him to furnish a copy of the enquiry report to the petitioner. The petitioner, if so advised, may file his supplementary show cause and the S.D.O., after considering the same, will pass reasoned orders in accordance with law.
The writ applications stands disposed of accordingly.
(Shivaji Pandey, J)
Dilip, AR
U
1 issue framed by the court
Whether the order cancelling the petitioner's PDS shop licence is well founded and reasoned.
1 provisions across 1 enactments
Harendra Ram
The State of Bihar
SHIVAJI PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
