IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.6682 OF 2011 DEEAPK KUMAR GAUTAM, BATISPUT POLICE STATION KACHNAWAN, BLOCK AND POLICE STATION, MAKHDUMPUR, JAHANABAD. VERSUS 1. THE STATE OF BIHAR 2. COLLECTOR CUM DISTRICT MAGISTRATE, JEHANABAD 3. SUB DIVISIONAL OFFICER, JEHANABAD 4. DISTRICT SUPPLY OFFICER, JEHANABAD 5. BLOCK DEVELOPMENT OFFICER, MAKHDUMPUR 6. BLOCK SUPPLY OFFICER, MAKHDUMPUR 7. MANAGING DIRECTOR, BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION, PATNA. ---------------------------------- 4 04.11.2011. Heard Mr. Bindhyachal Singh for the petitioner and Asstt counsel to GP 10 for respondents. The petitioner prays to quash order dated 31.1.2011, contained in memo no. 160 issued by the Sub-divisional officer Jehanabad, whereby his PDS shop licence bearing No. 18 of 2007, has been cancelled. The petitioner submits that in fact the Block Supply officer, Makhdumpur did not make adequate supply of food grains to the PDS dealers, as such, one Jitendra Kumar filed P.I.L. before this Court vide bearing C.W.J.C.No. 15571 of 2010, whereafter the Block Supply Officer began to nurse grudge against the PDS dealers of Makhdumpur block including the petitioner. He levelled certain allegations against the petitioner pursuant to which the Sub Divisional Officer, Jehanabad asked for an explanation from the latter vide letter no. 1250 dated 16.9.2010. The petitioner submitted his reply that none of the villagers including one Ram Ratiya Devi, whose statement has been relied by the Block Supply officer against the petitioner, has supported the allegation of non-supply of PDS commodities to the 2 beneficiaries. However, the Sub Divisional Officer did not consider the same, suspended his licence and called for an explanation as to why his licence be not cancelled vide order contained in memo no. 1400 dated 6.11.2010. The petitioner submitted his show cause along with documents adduced by him on 26.11.2011. He further stated that in the meantime due to wrong allotment made by the Block Supply Officer, the petitioner deposited excess amount of Rs. 99693.45 with Bihar State Food Corporation. He also filed representation dated 18.2.2011 for refund of the same. The petitioner submits that the cancellation order is bad as it has been made in view of direction of the State Level Committee headed by the District Magistrate. He submits that in such circumstances, instead of filing of an appeal, he has moved this Court in the writ petition. As the licencing officer has passed the impugned order without discussing the points raised by petitioner, merely at behest of State Level Committee, the same is set aside and the matter is remitted to the Licencing officer to consider the issue afresh applying his own independent mind to the facts of the case without being prejudice. It would be open for the petitioner to make prayer before the Licencing authority for release/adjustment of the amount deposited by him. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)