RANCHI, India, July 10 -- Jharkhand High Court issued the following order on June 10:
1. The instant writ petition has been filed under Article 226 of the Constitution of India for quashing of order dated 06.08.2018 passed by the Deputy Commissioner, Bokaro in Misc. Case No. 93/2011, whereby and whereunder the licence of the petitioner for PDS shop in Sector IX-CC vide Licence No. 20/BRA/2005/B.S. City has been cancelled.
2. The licence was cancelled mainly on the ground that during inspection, it was found on different dates to be closed and further, no explanation was submitted on issuance of show cause notice with regard to closure of the shop.
3. It is submitted by learned counsel appearing on behalf of the petitioner that on account of illness, the shop was not open on those dates and medical certificate is annexed as Annexure-1.
4. In this case, earlier specific direction was given to file counter affidavit which has not been filed till date.
5. It is argued by the learned counsel on behalf of the State fairly concedes that in view of the submission made by the learned counsel for the petitioner the matter needs reconsideration by Deputy Commissioner, Bokaro.
6. Under the circumstance, the impugned order is set aside and the matter is remanded to the Deputy Commissioner, Bokaro to hear the appeal afresh and pass an appropriate order within four weeks from the date of communication of this order.
Let the copy of this order be communicated to respondent no. 3 forthwith. Writ petition accordingly stands disposed of.
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