IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6695 of 2006 NAND KISHORE RAWAT, S/O- LATE AMBIKA RAWAT, RESIDENT OF VILLAGE- BALAPAR, P.S.- BARHARIA, DISTT- SIWAN :---PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD AND SUPPLY DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, SIWAN, DISTT- SIWAN. 3. THE S.D.O. (CIVIL) SIWAN, DISTRICT- SIWAN. 4. THE BLOCK SUPPLY OFFICER, BARHARIA, SIWAN, DISTT- SIWAN :-- RESPONDENTS. ----------- 2. 07.04.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 01 dated 30.01.2006 passed by the Sub-Divisional Officer, Siwan, Annexure-1, whereunder his P.D.S. Licence No. 33/93 has been cancelled. It appears under order bearing Memo No. 441 dated 20th December, 2005, Annexure-3 P.D.S. licence of the petitioner was suspended asking him to show cause within 24 hours as he was found absent from his P.D.S. shop on 20.12.2005. Further the Notice Board did not indicate that he had gone to collect the commodities for distribution in his shop. 3. It is submitted on behalf of the petitioner that perusal of the notice dated 20.12.2005, Annexure-3 would indicate that 24 hours’ time was allowed to the petitioner to submit his show cause which was not sufficient for filing the show cause as 2 also to produce the Stock, Distribution Register and the receipt of the cash-memo. In this background it is submitted that for not providing the petitioner adequate opportunity to file his show cause the impugned order dated 30.01.2006 be set aside as after passage of 24 hours of the receipt of the notice dated 20.12.2005 petitioner made several attempts to file the show-cause reply as also to produce the Stock, Distribution Register and duplicate of the cash-memo before the Licensing Authority but the same was not entertained by the Licensing Authority. It is further submitted that on 20th of December, 2005 i.e. the date of inspection when the shop was found closed petitioner had gone to lift the commodities which were to be distributed in the light of the instructions of the District Manager, Bihar State Food and Civil Supplies Corporation, contained in letter dated 29.10.2005, Annexure-2. 4. From perusal of the impugned notice dated 20.12.2005, Annexure-3 and order dated 30.01.2006, Annexure-1 it is evident that the Licensing Authority allowed only 24 hours to the petitioner to file his show-cause reply, as such, in my opinion the petitioner was not given adequate opportunity to file his show-cause reply and the 3 order suffers from the vice of arbitrariness infracting Article 14 of the Constitution. 5. On the ground that the impugned order has been passed without granting the petitioner adequate opportunity to file his show-cause reply, I set aside the order dated 30.01.2006, Annexure-1 directing the petitioner to file his show-cause reply annexing the documents in support of his contention that he had gone to lift the commodities from the godown of the Food Corporation on 20th December, 2005 and for such reason the shop was closed. The show-cause be filed by the petitioner along with a copy of this order which should be considered by the Sub-Divisional Officer, as early as possible, in any case within a period of two months from the date of receipt of the show-cause along with a copy of this order. 6. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)