IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8605 of 2010 Suresh Kumar Azad, Son of Late Jagdish Singh, resident of North-Mandiri Bapu Nagar, Ward No. 4, P.S. Budha Colony, District-Patna…..Petitioner. Versus 1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2. The Special Officer, Rationing, Patna, District-Patna…..Respondents. 2. 23.12.2011. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is aggrieved by the order as contained in Annexure-1 cancelling his license on 15.09.2001 and the order refusing to restore his license dated 27.03.2010. The facts are that the petitioner had asked for leave as he was unwell and suffering from Jaundice. His supply was tagged with the shop of another dealer. After expiry of two months, his license was cancelled as he had not opened his shop and not filed an application for extension of his leave. The petitioner was issued a letter on 31.08.2001. The letter discloses that the petitioner has prayed that he may be given leave for one year as he was not 2 getting well. The application was rejected and his license has been cancelled on 15.09.2001. Learned counsel for the petitioner submits that the petitioner was given no information regarding cancellation of his license. Although, Annexure-1 discloses that he was copy of cancellation order dated 15.09.2001 which was forwarded to the petitioner. The petitioner filed C.W.J.C. No. 15929 of 2006 which was disposed of on 07.07.2008. The order of this court reads as follows:- “Vide order dated 13.02.2001 on the request of the petitioner the allocation in relation to his ration shop was temporarily allocated to one Smt. Gita Devi. The background was because the petitioner was physically unwell at the relevant time. Now he is back, but, the old order and arrangement is not being restored. This Court does not find any material to show that he has approached the competent authority for the needful. In that view of the matter, no mandamus will issue. Liberty is granted to 3 petitioner to approach the authority in writing and the concerned Rationing Officer shall taking the background will do the needful at the earliest.” After the order of this Court, the petitioner thereafter moved for renewal of his license which has been rejected on 27.03.2010 but the main claim of the petitioner is that the authorities ought to have given petitioner an opportunity by issuing show cause notice before rejecting his application for leave and cancelling his license. It is not the case of the State that the petitioner has misused any of the conditions of the license rather the case is that the petitioner was not able to run his shop because of his illness for one year. Learned counsel for the petitioner submits that since his shop was tagged with the shop of another dealer the beneficiaries were supplied the food grains and did not suffer as a result of closure of the shop. It is also submitted that competent 4 authority should give the petitioner an opportunity before cancelling his license. The authority concerned seems to have misinterpreted the order of this Court. I, accordingly, remand the matter back to the Special Officer, Rationing, Patna, who will consider the facts including the medical certificate of the petitioner and if it is found that he was definitely suffering from serious illness, the officer shall consider the case of the petitioner sympathetically. It is made clear that the petitioner shall file his application alongwith the copy of this order within a period of six weeks on receipt of a copy of this order before the concerned authority. The order as contained in Annexure- 1 is, accordingly, quashed and the matter is remanded back for reconsideration. This writ application is disposed of with the aforesaid observation and direction. U. K. ( Sheema Ali Khan, J)