IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13353 of 2009 SHAMBHU KUMAR Versus THE STATE OF BIHAR & ORS ----------- 02. 12.10.2009 Vide order dated 30.5.2008 passed in Case no. 2/2008, the Sub Divisional Officer, Sitamarhi who is the licensing authority under PDS Scheme, for the reasons and irregularities found, terminated the licence of the petitioner. Petitioner thereafter challenged the said order on various grounds before the Collector, Sitamarhi in Appeal No. 5/2008. The appellate authority has passed its order dated 3.7.2009. Petitioner is now challenging both the orders which are annexures 5 and 6 to the present writ application. Submission of the learned counsel for the petitioner is that in terms of requirement of law, which is PDS (Control) Order, 2001, Order 7 sub clause (v), after the suspension of the licence of the petitioner, the matter should have been referred to District Selection Committee and the Selection Committee after due enquiry would have recommended for revocation or suspension of the licence of the petitioner to the licensing authority. This was not followed and subsequently the licence itself has been cancelled. Learned counsel for the petitioner relies on a decision in the case of Ramnath Paswan vs. The State of Bihar, 2009 (3) PLJR 513. The law and decision cited at the bar by the learned counsel is of no help to the petitioner. That could be applicable when suspension order was passed but now a final order of termination of the licence has come to be passed and the same has been confirmed - 2 - by the appellate authority. Though the appellate authority’s order is cryptic in nature but if the same is read in the light of the order of the licensing authority, with no kind of findings of large scale irregularities recorded in the order and there being no convincing explanation, it is not left for this Court to reopen the issue and do reappraisal. The order prima facie does not suffer from any legal or factual error requiring interference. The writ application has no merit. It is dismissed. rkp (Ajay Kumar Tripathi, J)