IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3773 of 2008 Brahamdeo Paswan, son of Late Saukhi Paswan, village and PS Falka, Dist. Katihar – petitioner. Vs. 1) The State of Bihar, 2) The Dist. Magistrate, Katihar. 3) Subdivisional Officer, Katihar. 4) Dist. Supply Officer, Katihar. 5) Supply Inspector cum Block Supply Officer, Falka, Katihar – Respondents. 4 2.12.2011 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order, dated 22.12.2006 passed by the Subdivisional Officer, Katihar. By the order impugned order the Subdivisional Officer has cancelled the P.D.S. license of the petitioner. The allegation against the petitioner is that on the date on which the inspection was made of the petitioner’s shop, it was found that he was not present and the shop was closed, the display board did not contain the stock position, there was complaint by about nine to ten persons that the petitioner was not distributing kerosene oil in accordance with law. The petitioner’s license was suspended and show cause notice was issued. In reply to the show cause notice, the petitioner stated that his wife had fallen ill and after displaying that the shop will remain closed, he had gone to Katihar for her treatment. I may state here that closing of shop for one day is not proper ground for cancelling the license as there may be circumstances which requires the personal attendance of the licensee and as such the punishment of cancellation of license is excessive and not proper in such cases. 2 As far as other allegations are concerned, it has been alleged that the petitioner was not distributing kerosene oil in a proper manner. The petitioner in his reply to the show cause has stated that the members of one family, who live separately, demand that they should be separately supplied kerosene oil, although there is no such provision for supply of kerosene oil. This aspect of the matter has not been examined by the Subdivisional Officer by examining the allotment which is given to individual consumers or checking the allotment or card held by the person who had leveled allegations against the petitioner. Notwithstanding what has been observed above, the petitioner will have the liberty to file an appeal before the District Magistrate, Katihar. The District Magistrate on appeal being filed by the petitioner will condone the delay as the petitioner was pursuing his remedy before this court. The District Magistrate may examine the allotment cards of those who claim that they were not supplied kerosene oil and also call for the stock and distribution registers of the petitioner before passing any order. The petitioner will have the liberty to file an application within six weeks on receipt of a copy of this order before the District Magistrate, Katihar. This writ petition is, thus, disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)