IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1469 of 2010 1. BAJRANGI RAM S/O SRI GILAS RAM R/O VILL- MAUDIHRA, P.S. NATWAR, DISTT. ROHTAS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE ROHTAS AT SASARAM 3. THE SUB-DIVISIONAL OFFICER BIKRAM GANJ, DISTT. ROHTAS 4. THE ASSISTANT DISTRICT SUPPLY OFFICER BIKRAM GANJ, DISTT. ROHTAS 5. THE BLOCK SUPPLY OFFICER DINARA, DISTT. ROHTAS ----------- 2. 29.03.2011 Heard learned counsel for the petitioner and the State. Assailing the order for cancellation of the P.D.S. licence dated 8.10.2009, learned counsel submits that the order itself states that his reply to the show cause notice had been received before the final order was passed though beyond the time granted for filing of show cause. The final order appears to have been passed without considering the cause shown by him. The Court is not concerned with the acceptability or the unacceptability of the cause shown by the petitioner. That is a matter which rests in the domain of the licensing authority alone. The Court is only concerned with the decision making process. If the cause shown by the petitioner was available with the appellate authority before the final order was passed though beyond time granted for 2 filing of the same, fairness and reasonableness required the licensing authority to deal with the same on merits rather than to cancel the licence on technicalities. The order dated 8.10.2009 of the Sub- Divisional Officer, Bikramganj, District Rohtas cancelling the P.D.S. licence of the petitioner is set aside. This shall not result in the revival of his status as licensee forthwith but shall depend on the fresh final order to be passed by the licensing authority within a maximum period of three months from the date of receipt/production of a copy of this order. It is made clear that nothing in the order shall be deemed construed as any observation on the merits of the matter which rests in the exclusive domain of the licensing authority alone to decide in accordance with law. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)