The procedure described in the Bihar Targeted P.D.S. (Control) Order, 2016 is required to be followed: High Court of Patna
The licence being cancelled only on the ground of registration of the FIR, the order of cancellation is absolutely unsustainable was upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN in the case of Kripa Shankar Pandey Vs. The State of Bihar (Civil Writ Jurisdiction Case No.1071 of 2022) on 25-02-2022.
Brief facts of the case are that the petitioner aggrieved by the order dated 18.06.2015 passed by the Sub-Divisional Officer, Chakia, East Champaran/Licencing authority by which the PDS licence of the petitioner has been cancelled pursuant to the lodging of the FIR against him.
The learned Counsel for the petitioner has stated that no notice was served upon him. The licence being cancelled only on the ground of registration of the FIR, the order of cancellation is absolutely unsustainable. The procedure described in the Bihar Targeted P.D.S. (Control) Order, 2016 is required to be followed.
In view of facts and circumstances, the court held, “We remit the matter to the Licencing authority for writing out a fresh order in accordance with law after giving show-cause notice to the petitioner and adverting to the reply preferred by him. The process would begin forthwith on the presentation of a copy of this order to the Licencing authority by the petitioner, who shall pass a final order within the mandated period of 180 days.”
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Written by- Riya Singh, Legal Intern, Prime Legal