IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6559 of 2006 AMAR PRASAD, SON OF BALDEO PASWAN, RESIDENT OF VILLAGE- DUMRI, P.S.- CHERKI, DISTRICT- GAYA :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GAYA. 3. THE SUB-DIVISIONAL OFFICER, SADAR, GAYA. 4. THE BLOCK SUPPLY OFFICER-CUM-MARKETING OFFICER, CHANDAUTI BLOCK, DISTRICT- GAYA :---RESPONDENTS. ----------- 3. 06.04.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is a Fair Price Shop Dealer having Licence No. 15/92. His aforesaid licence has been cancelled by the Licensing Authority under order bearing Memo No. 1771 dated 31.12.2001, Annexure-4 as his show-cause reply received in response to the show-cause notice bearing Memo No. 103 dated 13.10.2001 has not been found satisfactory. Aforesaid order dated 31.12.2001 has also been affirmed in appeal as the appeal filed against the same bearing no. 02/2004 has been dismissed as time barred under order dated 02.04.2005, Annexure-5. 3. From perusal of the show-cause notice dated 08.11.2001, Annexure-2 it appears that the local M.L.A. reported against the petitioner that he is making incorrect entries in the Red Card of the various consumers attached to his shop. In response to the aforesaid notice petitioner submitted his reply, Annexure-3, perusal whereof indicates that thereunder he stated that the supplies of those who are not interested 2 in receiving wheat is made to the other consumers after making entry in the Red Card of those consumers for whom the commodity (wheat) has been received. Counsel for the petitioner, however, accepted that aforesaid transfer has been made without any approval from the authorities of the Supply Department and to that extent the petitioner has committed a mistake. It is further submitted on his behalf that if another chance is given to the petitioner, such mistake shall not be repeated in future. 4. Having appreciated the contention raised by the petitioner, I set aside the order dated 02.04.2005 passed by the Collector, Gaya in Appeal Case No. 02/2004, Annexure-5 and remit back the matter to the Collector, Gaya to reconsider the matter in the light of the submission noted above, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Collector, Gaya. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)