IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7335 of 2006 Md.Ashraf, S/o Sri Hafijur Rahman, Resident of Maharajganj, Ward No. 2, P.S. Rafiganj, District Aurangabad ….. Petitioner Versus 1. The State Of Bihar 2. The S.D.O., Aurangabad Sadar, Aurangabad 3. Labour Inspector, Aurangabad, Rafiganj I & II ….. Respondents ----------- For the Petitioner :M/s N.K. Agrawal, Sr. Advocate, Vijay Anand & Anujit Sinha, Advocates For the State :Mr. Rana B.N. Singh, G.P.-9 02/ 15.04.2011 Heard learned counsel for the petitioner and the State. Also perused the counter affidavit filed by the Executive Magistrate, Aurangabad supporting the contents of the order, bearing Memo No. 11 dated 25.5.2006, Annexure-3, whereunder PDS licence of the petitioner, bearing No. 3/R/85 has been cancelled on the ground that his show cause has not been found satisfactory. Earlier petitioner was served with notice bearing Memo No. 361 dated 15.4.2006, Annexure-1 to show cause as to why his PDS licence be not cancelled as he is selling, the commodities meant to be supplied to the consumers attached to his shop, in black market, which is evident from the report of the Labour Inspector dated 11.4.2006. Having received the notice dated 15.4.2006, Annexure-1, petitioner filed his show 2 cause reply, Annexure-2 stating that he was ill for the last two years and at his own request, his licence has been suspended by not supplying him commodities for distribution to the consumers attached to his shop. 2. It appears, without considering the aforesaid show cause reply, Annexure-2 that the licence of the petitioner has been placed under suspension at his own request on the ground of his illness for the last two years, impugned order 25.5.2006, Anneure-3 has been passed cancelling his licence without considering his submission that petitioner never lifted any of the commodities during the last two years for being supplied to the consumers attached to his shop. Aforesaid consideration of the show cause under the impugned order is wholly without application of mind and, accordingly, the impugned order dated 25.5.2006, Annexure-3 is set aside with direction to the Licensing Authority to verify from the record and if the petitioner has not lifted any of the commodities for being supplied to the consumers attached to his shop during the previous two years from the date of notice dated 15.4.2006, his 3 licence be restored. 3. Appropriate order in this regard be passed by the Licensing Authority as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before him. Arjun/ ( V. N. Sinha, J.)