Bishwanath Das vs The State Of Bihar & Ors on 14 February, 2017

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Patna High Court

Bishwanath Das vs The State Of Bihar & Ors on 14 February, 2017

Bench: Ravi Ranjan

      IN THE HIGH COURT OF JUDICATURE AT PATNA

                  Civil Writ Jurisdiction Case No.6815 of 2016
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Bishwanath Das, son of Late Muthai Das, resident of village - Prayagdah, P.S. -
Hasanganj, District - Katihar.

                                                              .... ....   Petitioner
                                      Versus
1. The State of Bihar.
2. The District Magistrate, Katihar.
3. The District Supply Officer, Katihar.
4. The Sub-Divisional Officer, Katihar.
5. The Block Supply Officer, Hasanganj, District - Katihar.
6. The Circle Officer, Hasanganj, Katihar.

                                                      .... .... Respondents
===========================================================
     Appearance :
     For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate
                             Mr. Sanjeev Kumar Singh, Advocate
     For the Respondent/s  : Mr. Rakesh Ranjan, AC to GP-22
===========================================================
CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL JUDGMENT
Date: 14-02-2017

                 Heard parties.

                 The petitioner assails Annexure-4 which is an order dated

   13.08.2015

passed by the Sub-Divisional Officer-cum-Licensing Authority, Katihar by which his PDS Licence No.19/1992 has been cancelled.

Sole ground raised on behalf of the petitioner is that cancellation of licence is only on the ground of registration of the FIR against the petitioner under Section 7 of the Essential Commodities Act.

After perusal of the impugned order, this Court finds force in the submission raised on behalf of the petitioner. Sole ground Patna High Court CWJC No.6815 of 2016 dt.14-02-2017 2/2 taken for cancellation of licence is lodgment of the FIR against the petitioner and, thereafter, his allocation has been attached with some other PDS Dealer.

This Court in Umesh Ram Vs. The State of Bihar and Ors. (AIR 2014 PATNA 113) has already held that cancellation on the ground of registration of criminal case against the licencee under Section 7 of the Essential Commodities Act would not be lawful.

Accordingly, the impugned order, as contained in Annexure-4, is not found sustainable in law at all and, as such, the same is quashed and set aside.

If the petitioner is on bail then there would be no hindrance in running his PDS shop, therefore, supplies should be resumed immediately.

However, as the law contemplates, his licence or allotments would be depend upon final result of the concerned criminal case.

As a result, this application stands allowed.

(Dr. Ravi Ranjan, J) V.K. Pandey/-

AFR/NAFR       N.A.F.R.
CAV DATE N.A.
Uploading Date 15.02.2017
Transmission N.A.
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