IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7712 of 2009 Suresh Prasad @ Suresh Sah, Son of Late Kishun Sah, Resident of Village Sonapatti, PS Ramnagar, District West Champaran. ------- Petitioner. Versus 1. The State of Bihar. 2. The Collector, West Champaran at Bettiah. 3. The Sub-divisional Officer-cum-Licensing Authority, Bagaha, District West Champaran. 4. The Block Supply Officer, Ramnagar, District West Champaran. 5. The Supply Inspector, Ramnagar, District West Champaran. ------ Respondents. ----------- 4 11.11.2011 The petitioner is aggrieved by the order dated 17.7.2006 cancelling his licence as a P.D.S. Dealer. The petitioner’s licence was suspended on 6.3.2002 and he was asked to supply the documents relating to his shop. A show- cause notice was issued to the petitioner. However, the petitioner did not reply to the show-cause notice. On 13.3.2002 the petitioner filed an application before the authority concerned that since 90 days have lapsed, the order suspending his licence should be recalled in accordance with sub clause 2 of clause 11 of the Bihar Trade Articles (Licenses Unification) Order, 1984. No order was passed on his application. Again the petitioner filed a second representation on 13.3.2004 which similarly met with no positive order in favour or against the petitioner. The petitioner was then asked to submit certain documents on 19.7.2004. The petitioner wrote back that he has submitted all documents to the Block Development Officer. The matter remained pending and thereafter the petitioner’s licence was cancelled by Annexure-2. The appeal was also dismissed on the ground that the petitioner had not filed show-cause and as such, his appeal was not fit to be considered. 2 Learned counsel for the petitioner submits that an order passed in L.P.A. No. 861 of 2004, disposed of on 6.9.2004 indicates that an opportunity ought to be given to the petitioner to be heard in the matter and since the matter remained pending for more than four years before the authorities concerned, the petitioner should at least have been given a second opportunity to file a show-cause. Considering the order of the L.P.A. Court, this Court directs that the order dated 17.7.2006 and the order 23.1.2008 are set aside and the matter is remanded to the Sub-divisional Officer, Bagaha, West Champaran to hear the case afresh. The petitioner is directed to file his show-cause along with a copy of this order before the Sub-divisional Officer, Bagaha, West Champaran, within a period of one month on receipt of a copy of this order. The Sub-divisional Officer, Bagaha, West Champaran should dispose of the matter within a period of three months thereafter. This writ application is allowed. Sanjay (Sheema Ali Khan, J.)