RAJESH SHANKAR,J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 10.09.2008 passed by the Deputy Commissioner, Jamtara in B.M.P. No. 10 of 2007-08 (Annexure-4 to the writ petition) whereby the appeal filed by the petitioner against the order dated 28.12.2007 passed by the Sub-Divisional Officer, Jamtara, has been dismissed. The petitioner has also prayed for quashing the order dated 28.12.2007 passed by the Sub-Divisional Officer, Jamtara, by which the licence of public distribution shop of the petitioner being licence no. 01 of 1998 was cancelled.
(3.) Learned counsel for the petitioner submits that the petitioner belongs to Schedule Caste (S.C.) and was given a licence of public distribution shop at Charakmara Gram Panchayat (Kundahit Block) being licence no. 01 of 1998 on 25.02.1998. It is further submitted that the Sub-Divisional Officer, Jamtara, vide order dated 28.12.2007 cancelled the licence of public distribution shop of the petitioner despite the fact that the petitioner in his show cause had stated that he was unwell during the period for which it has been alleged that he did not lift the food grains meant for 'Antyodaya' Scheme. It is further submitted that the petitioner in his show cause had brought all relevant facts to the notice of the Sub-Divisional Officer, Jamtara regarding his inability to lift the food grains on time. Learned counsel also submits that the Deputy Commissioner, Jamtara also dismissed the appeal filed by the petitioner against the order of the Sub-Divisional Officer, Jamtara, without considering the compulsive reasons due to which, the petitioner could not lift the food grains for the particular period.;