IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.11658 OF 2008 LUTAWAN PRASAD, SON OF LATE RAGHUNATH PRASAD, RESIDENT OF VILLAGE MOHAMMADPUR, BALUA TOLA, POLICE STATION TARWARA, DISTRICT SIWAN VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA 3. THE DIVISIONAL COMMISSIONER, SARAN DIVISION, CHAPRA 4. THE DISTRICT MAGISTRATE, SIWAN 5. THE SUB DIVISIONAL OFFICER, MAHARAJGANU, DISTRICT SIWAN 6. THE BLOCK SUPPLY OFFICER, GOREYA KOTHI, SIWAN ******** 3 04/11/2011 The petitioner is aggrieved by the order of the Sub Divisional Officer, Maharajganj as contained in Annexure-4 by which the license of the petitioner to run a Public Distribution System shop has been cancelled. The petitioner filed an appeal which was also dismissed by the District Magistrate, Siwan vide order dated 30.03.2007 (annexure-5). Similarly, the Commissioner, Saran Division has also dismissed the revision filed by the petitioner. The allegation against the petitioner is that he had kept his shop closed at 09:15 AM. It is also alleged that he had not supplied the correct quantity of rice and wheat to the consumers. These allegations are made on the basis of the fact that when inspection was made of the shop of the petitioner, then it is stated that 2 about 52 persons came forward and filed written complaints that the petitioner was not supplying wheat and rice in the appropriate proportion as was required from him. Counsel for the petitioner submits that as far as closure of the shop for a day is concerned, it is submitted that the shop was closed on account of the fact that the petitioner had to visit the bank for some necessary work. This Court has held on several occasions that merely closure of the shop for the day or for a few hours due to some urgent work cannot be a ground for cancellation of license, as there may be circumstances which compel the persons to close the shop without giving prior information to the concerned authorities. The second allegation against the petitioner of short supply of Kerosene Oil, wheat and rice is a matter which has to be determined by the facts which surrounds the case. The stock register, the sale register and the statements of the persons making allegations against the petitioner have to be recorded before it can be said that the person is guilty of the offences alleged. Counsel for the State points out that about 56 consumers have made complaint against the petitioner. 3 Counsel for the petitioner submits that out of the 56 complainant, 7 have filed affidavits that they had made no complaints before the Sub Divisional Officer, Maharajganj. It appears that the complaints made before the authorities are written complaints. Counsel for the petitioner submits that it is due to the village politics that these complaints had been made especially in view of the fact that there was no written complaint against the petitioner prior to the date of inspection of the shop of the petitioner. It has also been submitted that the Sub Divisional Officer, Maharajganj has not taken into account the affidavits filed and the public petitions with respect to the bonafides of the petitioner. In view of the fact that there is a contradictory statement of 7 persons, it would be proper to examine these seven persons as witnesses before any order is passed by the authorities. I accordingly remand the matter to the Sub Divisional Officer, Maharajganj, Siwan who will examine these seven persons in presence of the petitioner to support the fact that they had filed affidavits in favour of the petitioner and thereafter pass appropriate orders in this case. 4 In the mean time, the order of cancellation of the license of the petitioner shall continue until disposal of the case. The Sub Divisional Officer, Maharajganj, Siwan is required to pass the order within a period of four months from the date of receipt/production of a copy of this order. The petitioner is directed to produce a copy of this order before the Sub Divisional Officer, Maharajganj, Siwan within a period of one month from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)