IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.6399 OF 2008 MD.FAROOQUE AZAM@FAROOQUE AZAM, SON OF LATE ABID HUSSAIN, RESIDENT OF VILLAGE CHANDPARA, POLICE STATION BARSOI, DISTRICT KATIHAR VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, KATIHAR 3. THE DISTRICT SUPPLY OFFICER, KATIHAR 4. THE SUB DIVISIONAL OFFICER, BARSOI, DISTRICT KATIHAR 5. THE MARKET OFFICER, BARSOI BLOCK, DISTRICT KATIHAR ********** 4 21/10/2011 Heard Counsel for the petitioner and the State. The license of the petitioner who is a Public Distribution System Dealer along with 12 others was suspended on the ground that the petitioner had not obeyed the order of the District Magistrate, Katihar to lift the food grains on the specified dates. An enquiry was conducted which is part of Annexure-1. The enquiry indicates that there was a communication gap between the orders issued by the District Magistrate, Katihar which could not reach the 13 persons within time and as such, all the 13 persons did not lift the food grains from the godowns of the Food Corporation of India. Out of 13 persons, 06 persons have been exonerated in this case on the ground that they had deposited the draft although the initial allegation was that they had not lifted the food grains. Nevertheless, when the Enquiry Report reached the District 2 Magistrate, Katihar, he rejected the suggestions of the Sub Divisional Officer, Barsoi, Katihar that the mistake may be condoned. In my opinion, once there is a finding after an enquiry that the act of the petitioner was not deliberate and the fact that they had deposited the draft for lifting the food grains and had not indulged in any activities, which is in contravention of Section 7 of the Public Distribution System Control Order, 2001, notified in the year 2007, it cannot be said that it is a good ground for cancelling the license of the petitioner. In the result, I quash the order as contained in Annexure-1 and specifically the direction of the District Magistrate, Katihar dated 19.10.2007 rejecting the petitioner’s show cause and the Enquiry Report. It is further directed that the license of the petitioner should be restored within a period of three months from the date of receipt/production of a copy of this order before the District Magistrate, Katihar. The consequential order is that the petitioner should also be permitted to lift the supply for distribution This writ application is thus allowed. Anand ( Sheema Ali Khan, J. )