IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8713 of 2009 SUDHIR KUMAR GUPTA, son of Late Bashudeo Bhagat, resident of Village-Panchkathia, P.S.-shahkund, District-Bhagalpur Versus 1. THE STATE OF BIHAR through the Secretary Food and Consumer Protection Department, Old Secretariat, Patna. 2. The Sub-Divisional, Sadar Bhagalpur, District- Bhagalpur. ----------- 2 27.07.2009 Contention of learned counsel for the petitioner is that the impugned order dated 11.6.2009 passed by Sub-Divisional Officer, Sadar, Bhagalpur so called licensing authority is erroneous in law and in breach of clause 7 (IV) of the Bihar Public Distribution System(Control) Order 2009. His contention is that in terms of the said provision a show cause is required to be issued before suspension of licence. In the present case the suspension has been effected then the show cause against cancellation have been issued, this is according to the petitioner, is per se illegal. Learned counsel for the State has no explanation or justification for such an order contained in Annexure-1. Accordingly, the impugned order contained in Annexure-1 dated 11.6.2009 is quashed and the liberty is granted to the Sub- 2 Divisional Officer-cum-Licensing Authority that he may now issue fresh show cause to the petitioner thereafter may take appropriate steps against him . The writ application stands allowed to the extent indicated above. Bibhash (Ajay Kumar Tripathi, J.)