ARUN SINGH ALIAS ARUN KUMAR SINGH Vs. STATE OF BIHAR
LAWS(PAT)-2022-1-4
HIGH COURT OF PATNA
Decided on January 31,2022

Arun Singh Alias Arun Kumar Singh Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.) The present writ application has been filed for quashing the order, dtd. 30/11/2017, issued under Memo No. 1220 (Annexure-3), by which the Sub Divisional Officer, Sonepur, Saran-the Licensing Authority has cancelled the PDS license of the petitioner for running a fair price shop allotted under the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as 'the 2016 Order') and further for quashing the order, dtd. 22/10/2018, passed by the District Magistrate, Saran, Chapra, in Supply Appeal No. 80 of 2017, by which the Appellate Authority has upheld the order of the Licensing Authority and also for quashing of the order, dtd. 11/11/2019, passed by the Commissioner, Saran Division, in Supply Revision No. 29 of 2019, whereby the Revisional Authority has rejected the revision application preferred by the petitioner.
(2.) The brief facts, giving rise to the present writ application, is that the petitioner was granted license, vide License No. 86 of 2016, under Jitwarpur Gram Panchayat to run a fair price shop under the Public Distribution System. On 12/10/2017, the fair price shop of the petitioner was inspected by Inspection Team, which led to the issuance of show cause, dtd. 15/10/2017, issued by the Sub Divisional Officer, Sonepur, Saran, which was served upon the petitioner containing following irregularities/ allegations, requiring the petitioner to submit his reply within a fortnight. (I) List of beneficiaries was not displayed (ii) Sample food grains were not displayed, (iii) Weight and Measure License was not displayed (iv) Kerosene oil meant for the Sept. 2017 was being belatedly distributed in Oct. 02017(v) Dealer was not distributing the food grains/Kerosene oil each month and every month.
(3.) The petitioner, in pursuance thereof, submitted reply to the show cause, stating therein that the Weight and measure License was renewed till October, 2018 and further stated that the list of beneficiaries and the sample food grains were on display in his shop. The petitioner further took the defence that due to Chhath festival, the food grain was being distributed first, and then, kerosene oil was distributed and the distribution was being done under the supervision of Panchayat Level Vigilance Committee and stated that he always distributed prescribed quantity of food grains and kerosene oil at the prescribed rate and made entries into distribution register. The petitioner produced the photocopy of the distribution register and also produced statements, on affidavits, of some of the beneficiaries, who denied of any complaints being made against the petitioner during the course of enquiry.;


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