IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7307 of 2009 ***** Pappu Yadav son of Late Shyam Yadav, resident of village- Gamhariya, Post Bazaura, P.S. Dobhi, District-Gaya. …. …. Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Magadh Division, Gaya. 3. The District Magistrate-cum-Collector, Gaya. 4. The Sub Divisional Officer, Sherghati, District-Gaya. 5. The District Supply Officer, Gaya. 6. The Block Development Officer, Dobhi Block, District-Gaya. 7. The Block Supply Officer-cum-Marketing Officer, Dobhi Block, District-Gaya. …. …. Respondents ----------- For the petitioner : Mr. Arvind Kumar Singh, Advocate For the State : Ms. Nividita Nirvikar, G.P.16 ----------- 2. 2.7.2009. By virtue of the order contained in Annexure-1 Memo no. 48 dated 20.2.2009, the P.D.S. license of the petitioner has been cancelled by the Sub Divisional officer, Sherghati at Gaya. Submission of learned counsel for the petitioner is that from the very narration of the order impugned it is apparent that there is no independent exercise of mind of the licensing authority because it is clear that the entire action against the petitioner has been taken not only based on a complaint of the Supply Officer of Dobhi but also based on his recommendation and his response to the complaint made against the petitioner. Learned counsel for the petitioner also submits that in that view of the matter in absence of any independent exercise of authority and mind the order cannot be sustained and it is also borne out from the ratio decided in the case of Abdul Rauf v. State of Bihar, 2009(2) PLJR 784. Learned counsel representing the State, however, submits - 2 - that the petitioner did not file the show cause within time and has been evasive on the issue and therefore the authorities were compelled to act. Be that as it may, but if the licensing authority has not carried out his responsibility, which is of a quasi judicial nature, in accordance with law the order will have to be interfered with. The impugned order stands quashed. Matter is remanded back to the Sub Divisional officer that he shall issue a fresh show cause to the petitioner and the petitioner thereafter shall ensure to file a show cause within the time frame then an appropriate order will be passed after hearing the parties. The writ application stands allowed with the above direction. Pawan/- (Ajay Kumar Tripathi, J.)