IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8964 of 2008 BALIRAM MISTRI, SON OF RAJA MISTRI, RESIDENT OF VILLAGE LUTUA P.S. IMAMGANJ DISTRICT GAYA. Versus 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, GAYA. 3. SUB-DIVISIONAL OFFICER, SHERGHATI, GAYA. 4. BLOCK SUPPLY OFFICER BANKEY BAZAR, GAYA. ----------- 02. 16.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner a PDS dealer is aggrieved by the order dated 3.1.2008, Annexure-3 passed by the Sub-Divisional Officer, Sherghati, Gaya, whereunder his PDS licence has been cancelled in the light of the allegations contained in the report dated 26.12.2007, Annexure-1 and the notice dated 27.12.2007, Annexure-2. 2. It is submitted on behalf of the petitioner that under notice dated 27.12.2007 he was called upon to file his show cause reply by 2.1.2008 i.e. within five days of the issue of the show cause notice. Petitioner having received notice dated 27.12.2007 could not file his show cause reply within the time, as the time granted under the notice was not adequate for filing such reply and ex parte order dated 3.1.2008 was passed cancelling his PDS licence. 3. Let petitioner file appeal against the order dated 3.1.2008, Annexure-3 before the Collector, Gaya, who should call for the records of the Enquiry Officer i.e. Block Supply Officer, Bankey Bazar on the basis of which report dated 26.12.2007, Annexure-1 has been submitted as also the records of the petitioner so as to verify the allegations contained in paragraph-2 of the report dated 26.12.2007. Having perused the records, if the Collector is satisfied that the - 2 - allegations contained in paragraph-2 of the report are vague, he shall restore the licence of the petitioner. The Collector should pass appropriate order as early as possible, in any case within one month from the date of receipt of this order by him. In spite of due cooperation by the petitioner if the Collector is not able to dispose of the matter within the time indicated in the order, the Sub-Divisional Officer, Sherghati shall restore the PDS licence of the petitioner. In case, petitioner does not cooperate in the proceeding, the Collector shall pass ex parte order within the same time. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)