PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 3:

1.The petitioner has filed the Writ application for the following reliefs:

"I. To issue a writ in the nature of Certiorari to quash the order dated 16.07.2018 passed in Supply Revision Case No. 41 of 2017 (Shyam Bahadur Singh Versus State of Bihar) passed by the learned Commissioner, Saran Division, Chapra whereby and whereunder the appeal of the petitioner has been rejected. II. To hold and declare that the cancellation of the P.D.S. License No. 316/2007 (New No. 314/2016) by the learned S.D.O. Siwan is not sustainable in the eye of law. III. To issue a writ in the nature of Mandamus to reinstate the said P.D.S. License of the petitioner and corresponding business of the P.D.S. in its original status. IV. To grant any other reliefs to him for which he is entitled to have."

2.The brief facts culled out of the petition are that the petitioner's PDS license No. 314/2016 (Old 316/2007) was cancelled by the Sub-Divisional Officer, Siwan without supplying the enquiry report or considering the show-cause reply filed by the petitioner. The cancellation was based on vague allegations that are not sustainable in the eyes of the law. Both the Appellate Authority and the Revisional Authority upheld the cancellation order passed by the Sub-Divisional Officer, Siwan, without considering the pleas or submissions raised by the petitioner.

3.It is submitted by the Learned Senior Counsel for the petitioner that following an enquiry conducted by the Block Supply Officer, Guthni and Raghunathpur, the petitioner was served with a Show-Cause Notice bearing Memo No. 334 dated 20.08.2016(Annexure-3).

4.It is further submitted that the petitioner has submitted a reply to the said show cause notice enclosing a medical certificate and reference of the statement of beneficiaries.

5.It is also contended that Learned Sub-Divisional Officer, Siwan did not issued any second show cause nor extended an opportunity of examination of the material replied upon and proceeded to cancel the PDS license of the petitioner vide Memo No. 361 dated 29.08.2016 (Annexure-4).

6. Thereafter, the petitioner preferred Appeal Case No. 81 of 2016-17 before the Appellate Authority-cum-Collector, Siwan challenging the cancellation order dated 29.08.2016. The petitioner submits that the Appellate Authority, without duly considering the facts, circumstances of the case, as well as the submissions made by the petitioner, rejected the appeal by an order dated 21.02.2017 (Annexure5). It is further submitted that against the order dated 21.02.2017, the petitioner filed a revision bearing Supply Revision No. 41 of 2017 before the Divisional Commissioner, Saran. However, the Revisional Authority rejected the revision by order dated 16.07.2018.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTk0NjQjMjAxOCMxI04=-2y6s6hwZD9A=

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