IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5186 of 2009 Ram Avtar Yadav, son of Shri Deshi Lal Yadav, resident of village- Bhelva, P.O.-Alola, P.S.- Ghoghardiha, District-Madhubani. -Petitioner. VERSUS 1. The State of Bihar, through the Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna. 2. The Collector-cum-District Magistrate, Madhubani. 3. The Sub Divisional Officer, Phulpara, District-Madhubani. 4. The Block Supply Officer, Ghoghardiha, District-Madhubani. -Respondents. ----------- For the Petitioner : Mr. Suraj Samdarshi, Advocate. For the State : S.C.-2. ----------- 03 28.04.2009 Petitioner is a dealer under the Public Distribution System and states that while he had gone to lift kerosene oil for distribution from the wholesale dealer, inspection was conducted and a report submitted on the same day that is on 30.01.2009 by the Block Supply Officer, Ghoghardiha to the Sub Divisional Officer, Phulparas who is the Licensing Authority. The Licensing Authority-cum-Sub Divisional Officer issued show cause notice to the petitioner asking petitioner to show cause within 24 hours. Before the notice could be served, within 24 hours, petitioner’s licence has been cancelled. Learned counsel for the petitioner submits that this is a clear violation of basic principles of natural justice. In my view, considering the aforesaid undisputed facts, it is apparent that there was something more than meets the eyes. The report of the Block Supply Officer clearly indicates that there is a factional dispute amongst the consumers attached to the petitioner. Petitioner had gone to Ghoghardiha across the river to arrange for lifting 2 of kerosene oil and, as such, was absent, especially at that time when proceedings were taken up, indicates that there was something else which was persuading the authorities to act. Be that as it may, on the facts as noted above, there is a clear violation of principles of natural justice. Firstly, it is not such an emergent matter in which a show cause reply is required within 24 hours, even notice could not be served on the petitioner and the licence being cancelled is a clear violation of principles of natural justice. The order of the Sub Divisional Officer, Phulparas cancelling petitioner’s licence dated 31.01.2009 being Licence No. 26 of 2007 cannot be sustained and is set aside as such. The writ petition is allowed. Trivedi/ (Navaniti Prasad Singh, J.)