IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.613 of 2010 1. HARI SHANKER RAI S/O LATE DASHARATH RAI R/O VILL.- MATHURAPUR, P.S.- LALGANJ, DISTT.- VAISHALI AT HAJIPUR (AN-EX-P.D.S. DEALER OF JALALPUR-PANCHAYAT) OF LALGANJ PRAKHAND, DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE SUB DIVISIONAL OFFICER, HAJIPUR, DISTT.- VAISHALI 3. THE CHAIRMAN-CUM-DISTRICT MAGISTRATE, DISTRICT LEVEL SELECTION COMMITTEE, VAISHALI AT HAJIPUR 4. THE BLOCK SUPPLY OFFICER, LALGANJ, DISTT.- VAISHALI AT HAJIPUR 5. THE BLOCK SUPPLY OFFICER, BIDUPUR, DISTT.- VAISHALI AT HAJIPUR ----------- 2/ 08/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the order cancelling Public Distribution System Licence dated 25.11.2009 was in violation of the Principles of Natural Justice and, therefore, the alternative remedy of an appeal shall not invalidate the presentation of the writ application. There can be no quarrel with the broad proposition advanced on behalf of the petitioner. A cancellation of the licence without opportunity to show cause shall not take away the discretionary jurisdiction of the Writ Court if the order is in complete violation of the Principles of Natural Justice. But, if there was a show cause notice given, replied to, not properly considered, as was presently urged, on materials admitted in evidence behind the back of the petitioner, as is also presently contended, those amount to infirmities in the decision making process 2 making the final order fully amenable to the review by the Appellate Court. In view of the alternative remedy of appeal against the cancellation of the licence, the application is disposed off with the observation that if so advised the petitioner may pursue his remedies in law before the appropriate authority which shall be decided without going into issues of limitation considering that the petitioner was pursuing his remedies before the Writ Court in a bona fide belief. Any such appeal is required to be disposed off expeditiously within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application is disposed. KC ( Navin Sinha, J.)