IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1077 of 2010 CHANDESHWARI YADAV S/O LATE KAILASH BIHARI YADAV R/O VILL. & P.O- KATHOTIA, P.S- BEHARIGANJ, DISTT- MADHEPURA. VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER AND SECRETARY, FOOD AND CIVIL SUPPLIES AND COMMERCE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, MADHEPURA 4. THE SUB-DIVISIONAL OFFICER, UDAKISHUNGANJ, DISTT- MADHEPURA 5. THE DISTRICT SUPPLY OFFICER, MADHEPURA 6. THE BLOCK SUPPLY INSPECTOR, BEHARIANJ, BLOCK- DISTT- MADHEPURA ----------- For the Petitioner : Mr. Arvind Kumar Varma. For the State : Mr. Sajal Kr. Sinha, AC to GP-17. ----------- 02 19.04.2010 The petitioner was a dealer under the Public Distribution System in village Kathotia in the district of Madhepura. It seems that he was an accused in a criminal case under Section 302 IPC and other Sections and was in custody. The Collector of the district issued verbal orders directing suspension of petitioner’s licence and its cancellation. Pursuant whereto, the Subdivisional Officer, Udakishunganj by impugned order dated 17th August, 2007 cancelled petitioner’s licence on the ground that he has been absent being in custody for over a year. Subsequently, after a full trial petitioner was acquitted on merits. Petitioner states that for the said village till now noone has been appointed as a dealer, and he having been acquitted his licence should be restored, specially, when there has never been any complaint with regard to his transaction as a dealer in Public Distribution System. - 2 - In my view, petitioner should first make an application before the Subdivisional Officer, Udakishunganj in this regards, who would consider the matter taking in view that petitioner has been honourably acquitted in the criminal case showing his false implication and should not suffer because of that. The Subdivisional Officer, Udakishunganj would pass necessary orders after hearing the petitioner within one month from the date of production of a copy of this order before him whereby he would consider the earlier order, in view of the directions given above. The writ petition stands disposed of. Trivedi (Navaniti Prasad Singh, J.)