PATNA, India, Oct. 14 -- Patna High Court issued the following judgment on Sept. 15:

1.The present writ petition has been filed for the following reliefs:-

That this is an application for issuance of an appropriate writ(s), order(s), direction(s) for setting aside the order dated 29.10.2008 passed by the Ld. SDO Sadar Gaya whereby the lience No. 07/95 of the petitioner carrying on business under the Public Distribution System as a PDS dealer has been cancelled after it's suspension and order to start allocation to the shop of the petitioner declaring the cancellation order null and void and/or pass such other order(s) as your Lordships deem fit and proper under the facts and circumstances of the case.

2.Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

3.At the very outset, Learned counsel for the petitioner contended that since this matter is squarely covered under the judgment dated 13.08.2018 passed by a Co-ordinate Bench of this Court in the case of Umesh Das Vs. The State of Bihar & Ors (CWJC No. 8754 of 2015) as contained in Annexure-4 to this Writ petition, this Writ petition may also be disposed of on the same terms and conditions.

4. In Umesh Das (supra) it has been held as follows: "Learned counsel for the petitioner submits that the action of the respondents in suspending the petitioner's PDS licence by order dated 09.10.2007 and thereafter cancelling the same by the impugned order dated 12.07.2008 is wholly arbitrary and illegal inasmuch as the same amounts to double punishment. It is specifically pointed out that the cancellation order has been passed beyond the statutory period of 90 days during which suspension order was valid. As such, the petitioner had already suffered punishment of suspension and has over again been visited with the punishment of cancellation. Reliance is placed on a Division Bench judgment in Shiv Chandra Jha vs.Harideo Jha and others, 2013(3) PLJR 956.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNjMyMiMyMDE5IzEjTg==-IiUFe6ij1Fc=

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