IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3389 of 2010 1. RAJENDRA PASWAN S/O LATE RAMDEO PASWAN R/O VILL.- DAMODARPUR, P.S. LAKHISARAI, DISTT.- LAKHISARAI Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER DEPARTMENT OF FOOD AND SUPPLY BIHAR, PATNA 2. THE COLLECTOR, LAKHISARAI 3. THE S.D.O. CUM LICENCING AUTHORITY, LAKHISARAI 4. THE DISTRICT SUPPLY OFFICER, LAKHISARAI 5. THE BLOCK SUPPLY OFFICER, LAKHISARAI ----------- 02. 19.05.2011 Heard learned counsel for the petitioner and for the State. The petitioner, a P.D.S. license is aggrieved by the cancellation of his license dated 13.8.2007. It is submitted that an F.I.R. under Section 7 of the E.C. Act was lodged on 25.7.2007 and the license suspended. Under threat of arrest, till he obtained anticipatory bail, the petitioner submitted his reply to the show cause notice by registered post, dispatched on 2.8.2007, but without considering which the final order has been passed. Learned counsel for the State is unable to satisfy the Court from the pleadings in paragraph-7 of the counter affidavit that the State has denied receipt of any reply, but he urges that the presumption that a registered letter properly addressed reached its destination applies only after 30 days from dispatch but the order has been passed before that period. In the fitness of things, it is directed that the 2 order dated 13.8.2007 shall remain in abeyance. The petitioner is directed to file a fresh copy of his reply to the show cause notice appended to the writ petition along with the copy of the present order before the licensing authority, who shall then pass appropriate reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. It is expected that the petitioner shall furnish all necessary documents on which he relies in his defence. Needless to state that the fate of the impugned order dated 13.8.2007 shall then depend on the nature of the fresh order that may be passed by the authorities. The writ application stands disposed. P.K. (Navin Sinha, J.)