IN THE HIGH COURT OF JUDICATER AT PATNA CWJC NO. 11601 OF 2009 Bimla Devi Wife of Late Ram Janam Singh R.O.V Ismailpur, Police Station-Khizersarai, Dist-Gaya Versus 1. The State of Bihar. 2. Commissioner, Magadh Division, Gaya. 3. Regional Develoopment Officer, Magadh Division, Gaya. 4. Deputy Director, Food, Magadh Division, gaya. 5. The District-Magistrate, Gaya. 6. Sub-Divisional Officer, Neemchak bathani at Khizer sarai District- Gaya --------------- 6 22.06.2011 Heard Mr. Dronacharya learned counsel for the petitioner and learned counsel for the State. This application is filed for quashing of memo No. 65 (Mu) dated 18.03.2009 passed by Sub-Divisional Officer, Neemchak, Bathani (Khizarsarai), Gaya by which the Sub Divisional Officer has cancelled the license of the petitioner issued under Bihar Trade Article (Licenses Unification) Order, 1984. On the basis of order, given by the Commissioner of Magadh Division, Gaya, the act is basically on the ground that statutory requirement as per the Government of Bihar Food Supply and Commerce Department, Public Distribution System (Control Order) 2001 Notification G.S.R No. 1 dated 20.02.2007 with regard to procedure for issuance of licenses especially Clause 7 (iv) has not been complied with. A counter affidavit has been filed on behalf of the District Magistrate, Gaya and the Special Divisional Officer concerned in which the story of violation as alleged in the impugned order has been repeated. The short fact is that on the basis of complaint received by the Commissioner, Magadh Division by the general public certain discrepancies were pointed out against the consumer by certain consumers coming under the P.D.S shop operated by the petitioner. An enquiry was ordered in which report was adverse to the petitioner and forwarded to the Commissioner, thereafter the Commissioner directed for cancellation of the PDS license of the petitioner. It is surprising that senior officers of the level of Commissioner of Division are totally ignorant of the requirement of law, in the light of the statutory law which has also been clarified from time to time by various pronouncements of this Court. Thus, the impugned order is totally unsustainable in law. The respondents were obliged to ask a show cause which was to be done by the licensing authority before suspending the license and also a reasonable opportunity had to be given in the instant case. A license has been cancelled based on the report followed by the direction of the Commissioner. For the reasons stated above the impugned order as contained in Annexure-3 dated 18.03.2009 is hereby set aside. The petitioner shall be entitled to the consequential benefits arising out of this order. Writ petition stands allowed. Prakash ( Ahsanuddin Amanullah, J.)