IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4116 of 2001 RAJENDRA CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 5. 21.1.2009 In the opinion of this Court when a proceeding was initiated for cancellation of licence under the Public Distribution System (P.D.S.), at least the petitioner was entitled for a fair hearing. This Court, however, would find that the proceedings were initiated on the basis of a surprise inspection report dated 4.6.1999 but its copy were not made available and when the petitioner had sought to contradict some of the finding recorded in the said report by filing affidavit of the concerned persons (12 red-card holders), the same was not even considered by the original authority, the Sub-divisional Officer, the licensing authority. As a matter of fact the reply filed by the petitioner to the show cause notice was simply brushed aside by the licensing authority on the ground that there was a report against him dated 4.6.1999. When the matter was taken in appeal by the petitioner the appellate authority had described those 2 Surendra/ affidavits filed by the licensing authority to be procured affidavits. On what basis he could say so has not been recorded, inasmuch as he has not examined 12 persons or any one of them or nothing was brought before him to say that the facts mentioned in those affidavits of the 12 red-card holders were incorrect much less procured by the petitioner. That being so, this Court is satisfied that consideration by both the authorities, i.e. the original authority (licensing authority) and the appellate authority is vitiated and consequently both the impugned orders, as contained in Annexures 3 and 4, are hereby quashed and the matter is remitted back to the licensing authority to reconsider the matter on merits after giving an opportunity of personal hearing to the petitioner. Such exercise must be completed within a period of three months from the date of receipt/ production of a copy of this order. This application is allowed to the aforementioned extent. (Mihir Kumar Jha,J.) 3