IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5877 of 2011 Ajit Kumar Singh Versus The State Of Bihar & Ors 3 3.11.2011 Heard counsel for the petitioner and the State. The petitioner’s licence has been cancelled by order dated 22.1.2011 passed by the S.D.O. Katihar on the basis of recommendation made by the District Selection Committee. The petitioner submits that in view of memo no.2399 dated 21.7.2006 issued by the Food Supply and Commerce, Government of Bihar, only the officers mentioned in clause 4 can make inspection of the premises. The clause clearly states that only the officer within whose jurisdiction the P.D.S. shop fall can make an inspection. In the instant case, the report of the Block Supply Officer, Kodha who belongs to a different block formed the basis of allegation against the petitioner and on the basis of his report a show cause was issued and the licence of the petitioner has been cancelled. Learned counsel for the petitioner submits that apart from the report of the Block Supply Officer, Kodha, there is no other report and allegation against the petitioner and in fact the report of Block Supply Officer,Barari is in his favour. Counsel for the State submits that the petitioner should take resort to remedy of appeal. I would have agreed to the suggestion of learned State counsel as I had not found that the report of the person on 2 whose basis the show cause was issued did not have jurisdiction to make an inspection and submit his report as he belongs to a different block within whose jurisdiction the P.D.S. shop of the petitioner does not fall. In this view of the matter, the impugned order dated 22.1.2011 passed by the Sub Divisional Officer, Katihar is set aside. However, the matter is remitted to the Sub Divisional Officer, Katihar with liberty to initiate a fresh proceeding in accordance with law. KHAN (S.P. Singh,J)