IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18221 of 2008 ====================================================== Sohan Kumar Poddar, son of Late Ganga Poddar, resident of mohalla Bahadurpur, P.O. and P.S. Samastipur, District Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna 2. The District Magistrate, Samastipur 3. The Sub Divisional Officer, Samastipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shree Kant Labh Mr. Rajeev Kumar Labh For the Respondent/s : Mr. (Sc5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 3 11-11-2011 Heard Counsel for the petitioner and the State. The petitioner is aggrieved by Annexure-1 by which the Sub Divisional Officer, Samastipur has cancelled the Public Distribution System license of the petitioner on the ground that he was on strike from 01.08.2008 to 08.09.2008. Learned Counsel for the petitioner submits that a strike was called by the Dealers Association and the petitioner along with all the dealers in Bihar had gone on strike. Ultimately, the strike was called off after an agreement was reached between the State and the dealers. The said agreement is contained in Annexure-2 to the writ application. In the Patna High Court CWJC No.18221 of 2008 (3) dt.11-11-2011 2 / 2 2 agreement, one of the conditions is that the State would not take action against the Public Distribution System Dealers who had gone on strike. I thus direct the Sub Divisional Officer, Samastipur to consider the decision of the State Government and pass appropriate orders recalling the order of the cancellation of the license of the petitioner as a Public Distribution System Dealer. The petitioner is directed to produce a copy of this order within a period of one month from the date of receipt of a copy of this order. The Sub Divisional Officer, Samastipur is directed to pass the order in accordance with law and in accordance with the decision of the State Government within a period of two months thereafter. In view of the order of remand, I quash the order dated 01.09.2008 passed by the Sub Divisional Officer, Samastipur as contained in Annexure-1. This writ application is allowed to the extent indicated aforesaid. Prabhakar Anand/- (Sheema Ali Khan, J)