IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15375 of 2008 ANANT PRASAD GUPTA, SON OF SRI MAHABIR PRASAD SAH, R/O VILLAGE ATALKHA, P.S. BASNAHI, DISTRICT SAHARSA. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, RURAL DEVELOPMENT DEPARTMENT. 2. THE DISTRICT MAGISTRATE, SAHARSA. 3. THE SUB-DIVISIONAL OFFICER, SADAR, SAHARSA. 4. THE DISTRICT SUPPLY OFFICER, SONEVARSA, DISTRICT SAHARSA. ----------- 03. 20.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is a PDS dealer. His licence has been cancelled by the licensing authority under order dated 8.4.2008, Annexure-7, which has also been affirmed in appeal by the District Collector, Saharsa vide order dated 19.8.2008, Annexure-9. Perusal of the two orders indicate that PDS licence of the petitioner was cancelled with reference to the report of the Block Supply Officer, Sonevarsa who alleged mal-practice on the part of the petitioner after examining few witnesses. It does not appear from the order of the licensing, appellate authority that petitioner was given any opportunity to cross- examine the witnesses. Accordingly, the two orders passed by the licensing, appellate authority dated 8.4.2008, 19.8.2008, Annexures-8, 9 are set aside with direction to the petitioner to appear before the licensing authority along with a copy of this order, the licensing - 2 - authority thereafter shall call upon the Block Supply Officer, Sonevarsa to produce the witnesses examined in support of the finding recorded by him in the report with liberty to the petitioner to cross examine them. Appropriate final order in this connection be passed by the licensing authority after giving due opportunity to the petitioner to cross-examine the witnesses, as early as possible, in any case within three months from the date of receipt of this order by the licensing authority. 3. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)