PATNA, India, March 4 -- Patna High Court issued the following order on Jan. 2:

1. Heard learned counsel for the appellant and learned counsel for the respondents.

2. The present intra court appeal has been preferred against the judgment and order dated 27.04.2023 passed by the learned Single Judge in C.W.J.C. No. 5511 of 2023, whereby the writ application filed by the appellant was dismissed.

3. The brief facts of the present case are that the appellant was a Public Distribution System (PDS) dealer of Boaridih Panchayat under Gaighat Block, District Muzaffarpur. The PDS licence bearing Licence No. 06-GHT-01/08 was cancelled by the Sub-Divisional Officer, Muzaffarpur vide order dated 28.09.2013. Aggrieved by the said cancellation, the appellant preferred a statutory appeal before the Collector-cumDistrict Magistrate, Muzaffarpur, which was dismissed vide order dated 07.07.2020. Thereafter, the revision filed before the Commissioner, Tirhut Division, Muzaffarpur was also dismissed vide order dated 02.08.2021/10.02.2022. Challenging the aforesaid orders, the appellant filed C.W.J.C. No. 5511 of 2023, which came to be dismissed by the learned Single Judge vide order dated 27.04.2023.

4. In the said writ application, the appellant had sought the following reliefs:

"For issuance of an appropriate writ/order/direction, after setting aside the order dated 02.08.2021/10.02.2022 passed in PDS Revision Case No. 90 of 2020, passed by the Commissioner, Tirhut, Muzaffarpur, Respondent No. 2 and the order dated 07.07.2020, passed in Supply Appeal Case No. 18 of 2016-17 passed by The Collectorcum-District Magistrate, Muzaffarpur, Respondent No. 3 and also setting aside the order issued under Memo No. 646/Aa dated 28.09.2013, passed by the Sub-Divisional Officer, Muzaffarpur, Respondent No. 5, whereby and whereunder the license of PDS Shop having License No. 06-GHT-01/08 of the petitioner has been cancelled and affirmed by the Respondent Nos. 3 and 2 respectively in appeal and Revision filed by the petitioner on erroneous consideration of fact and law and for grant of any other suitable relief/reliefs for which the petitioner is found entitle in the eye of law."

5. Learned counsel for the appellant submits that the learned Single Judge failed to consider that the orders passed by the respondent authorities are arbitrary and passed without due application of mind. It is submitted that the settled legal position governing cancellation of PDS licenses were not considered and that the action of the respondent authorities is in violation of the principles of natural justice as well as Articles 14 and 15 of the Constitution of India. It is further submitted that the learned Single Judge failed to take into consideration that the PDS shop of the appellant has not been allotted to any other person till date and has merely been tagged with another shop situated at a distant place, thereby causing inconvenience to the local beneficiaries of the area.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/vieworder/MyM4MDMjMjAyMyM2I04=-xjjKcibrGn0=)

Disclaimer: Curated by HT Syndication.