IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6049 of 2006 SURENDRA RAM, SON OF RAM DULAR RAM, RESIDENT OF VILLAGE- SADANANDPUR, POST OFFICE- SADANANDPUR, POLICE STATION- BALIA, DISTRICT- BEGUSARAI :---PETITIONER. Versus 1.THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, BEGUSARAI. 3. THE SUB-DIVISIONAL OFFICER, BALIA, BEGUSARAI. 4. THE BLOCK SUPPLY OFFICER, BALIA, DISTT. BEGUSARAI. 5. RAVINDRA PASWAN PUBLIC DISTRIBUTION SELLER, BALIA, DISTT. BEGUSARAI. 6. SRI DEVENDRA PASWAN PUBLIC DISTRIBUTION DEALER, FATEHPUR, BALIA, DISTT. BEGUSARAI (SUSPENDED) :---RESPONDENTS. ----------- For the petitioner : M/S. Madhav Rai, Rabindra Tiwari, Mrs. Kanti Jha, Advocates. For the Respondents :- Mr. Arif, A.C to S.C. III. ==== 3. 31.03.2011. Heard learned counsel for the petitioner and the counsel for the State, also perused the counter affidavit affirmed by the Sub-Divisional Officer, Balia. 2. Petitioner is a P.D.S. licensee. He is aggrieved by the order bearing Memo No. 121 dated 06.02.2006 passed by Sub-Divisional Officer, Balia, Annexure-7, whereunder his P.D.S. licence has been cancelled on the ground that he does not reside in the village for which he has been granted P.D.S. licence. In this connection petitioner was issued notice bearing memo No. 79 dated 27.01.2006 asking him to submit show- cause by 28.01.2006. Having received notice dated 27.01.2006 petitioner filed his reply dated 28.01.2006 and thereunder prayed for some time to procure documents to establish the fact that he resides in the village for which he has been granted P.D.S. licence. Having obtained the documents petitioner filed detailed reply dated 05.02.2006, Annexure-4 annexing the voter list. Later he also procured residency certificate from the 2 Block Development Officer, Balia bearing No. 1624 dated 18.4.2006, Annexure-5. 3. It is submitted on behalf of the petitioner that ignoring the show-cause reply dated 05.02.2006, Annexure-4 and the voter list the impugned order bearing Memo No. 121 dated 06.02.2006, Annexure-7 cancelling the P.D.S. licence of the petitioner has been passed. 4. Counsel for the State submits that the show-cause reply contained in Annexure-4 was filed on 05.02.2006 but the impugned cancellation order has been passed on 04.02.2006, in the circumstances, the Sub-Divisional Officer had no occasion to consider the contents of the voter list which was filed along with the show-cause reply dated 05.02.2006. He further submitted that Sub-Divisional Officer conducted enquiry personally to confirm the fact that petitioner did not reside in the village for which he has been granted P.D.S. licence and the impugned order was passed in the light of the findings arrived at during the enquiry. 5. In rejoinder learned counsel for the petitioner submitted that about the personal enquiry conducted by the Sub-Divisional Officer statement may have been made in the counter affidavit but no such statement has been recorded in the order cancelling the P.D.S. licence of the petitioner. 6. Having heard counsel for the parties and having perused the pleadings filed by them, I am satisfied that order dated 06.02.2006, Annexure-7 has been passed without 3 considering the relevant material which was available with the petitioner but could not be placed for consideration of the Licensing Authority as the request of the petitioner for grant of opportunity for procuring documents to establish his residence in the village-in-question contained in request dated 28.01.2006, Annexure-2 was not considered by the Licensing Authority. Failure to grant adequate opportunity to defend oneself is nothing but arbitrary and violative of Article 14 of the Constitution. In the circumstances, I set aside the order dated 04.02.2006, Annexure-7 with direction to the petitioner to appear before the Sub-Divisional Officer, Balia who should reconsider the matter in accordance with law after granting opportunity to the petitioner to produce document as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 7. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)