Upendra Singh vs The State of Bihar

Heard learned counsel for the petitioner and learned

counsel for the State.

In this case, the petitioner is challenging the order dated

13.1.2015 passed by the Sub-Divisional Officer, Masaurhi, Patna,

whereby and whereunder he has cancelled the P.D.S. licence of the

petitioner. The petitioner is also challenging the order dated

30.06.2016 passed by the Collector, Patna in E.C. Appeal No.80 of

2015-16, whereby he has dismissed the appeal and confirmed the

order of the Sub-Divisional Officer, Masaurhi.

From the order of the Sub-Divisional Officer, it appears

that when the inspection was done, the P.D.S. shop was found

closed. The explanation has been given by the petitioner that on

18.12.2014 his own aunt had died and he was not in the village in

connection with attending the funeral of his aunt, on that account,

the shop was found closed. The order of the Collector indicates that

the authority has tried to contact the petitioner but he did not receive

the call.

Learned counsel for the petitioner has attached the

Death Certificate, showing that Sakuntala Devi, claiming to be the

aunt of the petitioner, was cremated on 19.12.2014.

It appears that there is no allegation against the

petitioner that he was involved in black-marketing or any other

irregularities. The only allegation is that when the inspection was

done, the shop, in question, was found closed. The ground which has

been taken by the authority cannot be a basis for cancelling the

licence of the petitioner as in such circumstance, it is expected

reaction from any human that he will give preference to participate

in funeral of his/her aunt. This aspect of the matter has not been

considered by both the authorities.

In such view of the matter, both the orders dated

13.01.2015 and 30.06.2016 are set aside. The matter is remanded

back to the Sub-Divisional Officer, Masaurhi, Patna, for passing

appropriate order in accordance with law.

With the aforesaid observations and directions, this writ

application is allowed.