IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10561 of 2011 Heera Prasad, S/O Janak Singh, R/O Saheb Nagar, P.S.-Gourichak, Distt.-Patna. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Sub Divisional Officer, Masourhi, Patna 3. Block Supply Officer, Masourhi, Patna. . . . . Respondents. ---------------------------------- 2/ 01.12.2011 Heard learned counsel for the petitioner and the State. The petitioner, who is a P.D.S. dealer, aggrieved by Memo no.30 dated 29.03.2011, whereby his P.D.S. license has been cancelled. The Sub-Divisional Officer, Masourhi, Patna in the show-cause stated that in course of inspection he found the shop closed. He further noticed that the location of the shop was at a different site and some of the customers made complaint regarding untimely distribution of food-grains as well as sale of such materials at a higher price. The petitioner has replied to show cause. The petitioner submits that from the impugned order dated 29.03.2011 he gathered that another inspection was made on 25.03.2011. The irregularity noticed on 25.03.2011 has also been incorporated in the impugned order, which too tilted the views of licensing officer. Counsel for the State submits that the petitioner should file an appeal against impugned order and it will be open for him to take all these points, which has been taken before this Court, before the appellate authority. 2 The petitioner submits that as sufficient opportunity has not been given to meet the grounds on the basis of which the impugned order has been passed, he may be given a chance to meet the subsequent illegality relied upon, after issuing show- cause. I am of the view that petitioner ought to have given an opportunity to meet the subsequent allegations on which the learned licensing authority has based his order. Now that the petitioner is aware of further irregularities alleged against him, no fresh show-cause need be given to him, as the same is detailed in the impugned order. The licensing authority would also take into consideration any show-cause that may be filed by the petitioner in this regard. Till fresh decision, the impugned order is kept in abeyance, which in the facts and circumstances of the case would in no way give any consequential benefits to the petitioner. I want to make it clear that this Court has not expressed any opinion on the merits of the submissions made either by learned counsel for the petitioner or learned counsel for the State. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)