IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7436 of 2006 MITHLESH KUMAR SINGH, SON OF LATE PRABHU DAYAL SINGH, RESIDENT OF CHITRAGUPTA NAGAR, P.O.- LOHIA NAGAR, P.S.- PATRAKAR NAGAR, DISTRICT- PATNA :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. COMMISSIONER, DEPARTMENT OF FOOD & CIVIL SUPPLIES, GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, PATNA. 4. SPECIAL OFFICER, RATIONING, PATNA :---RESPONDENTS. ----------- 2. 19.04.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is a P.D.S. licensee bearing no. 282/85. He has filed this writ petition questioning the order dated 25.04.2006, Annexure-3, whereunder his aforesaid licence has been cancelled on the ground that the cause shown by him in response to the suspension order/show- cause notice bearing Memo No. 14/02, 560 dated 07.03.2006, Annexure-1 is not found satisfactory. 3. Counsel for the State has opposed the prayer made in the writ petition on the ground that petitioner has an alternative remedy of appeal before the District Magistrate, as such, this writ petition should be disposed of asking the petitioner to avail the alternative remedy. 2 4. I am not inclined to consider the aforesaid preliminary objection of the counsel for the State as this writ petition assailing the order dated 25.04.2006, Annexure-3 was filed before this Court on 30.06.2006 and has remained pending for about five years. In the circumstances, I am proceeding to consider the submission raised in the writ petition on merit. 5. Perusal of the suspension order/show-cause notice dated 07.03.2006, Annexure-1 indicate that petitioner was asked to show cause as to why his licence be not cancelled for his failure to take interest in effectively conducting the business in the Fair Price Shop allotted to him. Having received the show-cause notice petitioner submitted reply dated 17.03.2006, Annexure-2 informing the Licensing Authority that earlier he suffered ailment of jaundice and required rest and time off from his business, as such, while he suffered the ailment could not effectively conduct the business in the Fair Price Shop but having recovered from the ailment he has now 3 become fit and the Fair Price Shop should not be cancelled as has been proposed in the notice dated 07.03.2006. The Licensing Authority, however, passed the order dated 25.04.2006 and cancelled the Fair Price Shop licence of the petitioner. From perusal of the order dated 25.04.2006 it does not appear that the Licensing Authority ever disputed the fact that petitioner suffered the ailment of jaundice. As the authorities have not disputed the claim of the petitioner about his illness, in my opinion, they ought not to have cancelled his licence. The order passed by the Licensing Authority dated 25.04.2006, Annexure-3 is, accordingly, set aside with direction to the Licensing Authority to restore the P.D.S. licence of the petitioner and to permit the petitioner to resume his business. 6. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)