AKHALAKH ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated 09.07.2016, passed in Supply Case no. 8 of 2016 by the Sub-Divisional Officer-cum-Licensing Authority, Rohtas at Sasaram, whereby and whereunder the P.D.S. licence of the shop of the petitioner has been cancelled as also for setting aside the order dated 16.09.2016, passed in Appeal Case no. 17 of 2016 by the District Magistrate, Rohtas at Sasaram, whereby and whereunder the aforesaid order dated 09.07.2016 has been upheld and the appeal of the petitioner has been rejected.

(2.) Shorn of the details, it would suffice to state that a show cause notice dated 23.02.2016 was issued to the petitioner calling upon him to submit his show cause reply within a period of 02 days as to why appropriate action be not taken against him on account of discrepancy found in the date of birth of his father. The petitioner is stated to have submitted his reply, however without properly considering the same, the Sub-Divisional Officer, Rohtas at Sasaram had cancelled the licence of the P.D.S. shop of the petitioner bearing Licence no. 1 of 2015 by an order dated 09.07.2016, whereafter the petitioner had challenged the same by filing an appeal bearing Appeal Case no. 17 of 2016, however the same has also been dismissed the learned District Magistrate, Rohtas at Sasaram by an order dated 16.09.2016.

(3.) The learned counsel for the petitioner has made a short submission to the effect that the impugned orders dated 09.07.2016 and 16.09.2016 are bad on account of the fact that the show cause notice dated 23.02.2016, served upon the petitioner, does not state about the proposed action of cancellation of his licence in the event of his show cause reply being found to be un-satisfactory, resulting in the petitioner being denied reasonable opportunity to state his case against the proposal of cancellation of his licence, which has further led to violation of the Principles of Natural Justice. In this regard, the learned counsel for the petitioner has referred to a judgment reported in (Ram Bachan Ram vs The State Of Bihar & Ors.,2018 4 PLJR 516), paragraph no. 6 whereof, is reproduced hereinbelow :-