IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.3592 OF 2008 UMA SHANKER TEWARY, SON OF SHEO SUNDAR TEWARY, RESIDENT OF VILLAGE BARJA, POLICE STATION ARA MUFFASIL, DISTRICT BHOJPUR VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, BHOJPUR AT ARA 3. THE SUB DIVISIONAL OFFICER, ARA SADAR, ARA ********* FOR THE PETITIONER :- MR. MIRGENDRA KUMAR, ADV. FOR THE S T A T E :- MR. ANUPA NAND JHA, AC TO SC 6 ********* 3 21/10/2011 The petitioner is aggrieved by the orders as contained in Annexure-1 and 2. On perusal of the orders impugned, it appears that the only reason why the license of the petitioner has been cancelled is that on the date on which the inspection was made, the shop of the petitioner was found to be closed. It appears that the card holders have given an affidavit that the petitioner was duly distributing the food items etc.; to them and the Sub Divisional Officer, Ara Sadar, Ara had asked the card holders to give an affidavit saying that they were not given food items etc. by the petitioner. Counsel for the petitioner relies on a order of this Court in the Case of Sanjay Kumar Vs. The State of Bihar [1996 (2) PLJR 53], wherein the Court has held that the punishment of cancellation of the license on the ground that the shop was closed for the day is too harsh and arbitrary and has quashed the order 2 cancelling/suspending the license of the petitioner and ordered that the license of the petitioner in the aforesaid said should be restored. Relying on the case of Sanjay Kumar, this Court quashes the orders as contained in Annexure-1 and 2 and orders that the license of the petitioner should be restored within a period of three months from the date of receipt/production of a copy of this order. This writ application is allowed for the reasons mentioned aforesaid. Anand ( Sheema Ali Khan, J. )