IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2930 of 2010 1. BACHAN RAM S/O SRI JHALI RAM R/O VILL.- PANAPUR, P.S.- MOHANIA, DISTT.- KAIMUR (BHABHUA) Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY FOOD, SUPPLY AND COMMERCIAL DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE CUM COLLECTOR KAIMUR AT BHABUA 3. THE DISTRICT SUPPLY OFFICER KAIMUR AT BHABUA 4. THE SUB-DIVISIONAL OFFICER MOHANIA, DISTT.- KAIMUR AT BHABUA 5. THE CIRCLE SUPPLY OFFICER MOHANIA, DISTT.- KAIMUR AT BHABUA ----------- 2/ 09/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 5.7.2006 of the Licensing Authority cancelling his P.D.S. Licence as confirmed in Appeal No.3/06-07 on 21.11.2006. Learned counsel for the petitioner submits that it was on account of the illness of his son that at the time of surprise inspection certain discrepancies in stocks compared to what had been lifted from godown were found. In reply to the first show cause he had furnished documentary evidence of the illness of his son and which was reiterated in his reply to the second show cause notice on 19.7.2006. A specific statement has been made in paragraph-9 of the writ application that the medical certificate was appended to the show cause. The order of the Licensing Authority dated 5.7.2006 does not appear to be considering his defence 2 with regard to the illness of his son as the reason. The Appellate Authority holds that the petitioner had not furnished any material with regard to the illness of his son. Learned counsel for the State submits that the show cause notice was originally issued on 20.1.2006. It shall therefore be governed by the Bihar Trade Articles (Licences’ Unification) Order, 1984. A remedy of Revision under Section-29 Bihar Trade Articles (Licences’ Unification) Order, 1984 before the Commissioner is available. The show cause notice was issued to the petitioner on 20.1.2006. The Fair Price Shop Order, 2007 has been issued by the State Government under the Public Distribution System (Control) Order, 2001 on 20.2.2007. Under Clause-17 of the same, all pending cases prior to the notification would be governed by the law as applicable at the time of filing of such cases. If the petitioner files such application before the revisional authority within 30 days from today, let the revisional authority call for the original records to satisfy himself as to whether the petitioner had in fact furnished proof of the illness of his son as a defence at any stage and then dispose off the revision application in accordance with law. 3 The production/non-production of the document in question being a disputed fact, it is not possible for this Court to make any positive finding with regard to the same for which the revisional authority is considered best suited as he would have the benefit of the original records before him. Let any such revision application be disposed off in the aforesaid manner within a maximum period of two months from the date of receipt/presentation of a copy of this order before him. The application stands disposed. KC ( Navin Sinha, J.)