IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13045 of 2006 KHOKHAI MOCHI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. N.K. Agarwal, Sr. Advocate Mr. D.N. Tiwary, Advocate For the State : Mr. G.P.19 2 26.10.2009 KHAN Heard counsel for the parties. The petitioner is aggrieved by order dated 4.9.2006 passed by the District Magistrate, Madhubani in Case No.4 of 2006-07 as well as order passed by the S.D.O. Sadar, Madhubani on 24.4.2006 whereby the licence granted to the P.D.S. shop of the petitioner has been cancelled. Learned counsel for the petitioner submits that the impugned order does not disclose that the show cause filed by the petitioner has been considered. The authorities have not cited any specific instance of violation of any of the provisions or the agreement save and except making a general allegation. The impugned orders are in teeth of a decision rendered in the case of M/s Umesh Chandra Dinesh Kumar Vs State of Bihar & ors, reported in 1999(2) E.F.R. 21. The impugned order dated 4.9.2006 passed by the District Magistrate, Madhubani in Case No.4 of 2006-07 as well as order passed by the S.D.O. Sadar, Madhubani on 24.4.2006 are accordingly set aside and the matter is remitted back to the S.D.O. Sadar, Madhubani for afresh consideration in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J) - 2 -