IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15546 of 2005 1. Wakil Choudhary son of Late Asharfi Choudhary, resident of village Bhawanipur Rajdham, P.S.Bhawanipur, Distt-purnea. 2. Kamaleshwary Yadav, son of Kushumlal Yadav, resident of village Bhawanipur Rajdham, P.S.Bhawanipur, Distt-Purnea. Petitioners. Versus 1. The State Of Bihar 2. The Commissioner-cum-Secretary, Food and Civil Supplies, Bihar, Patna 3. The Collector, Purnea 4. The S.D.O, Dhamdaha, Purnea 5. The Block Development Officer, Bhawanipur, Purnea. Respondents. --------- 2 30.11.2011. Heard learned counsel appearing on behalf of the petitioners and Mr. Shahab Khalil learned Assistant Counsel to S.C.3 for the State. The writ petition has been filed for quashing the order dated 8.12.2000 passed by the Sub Divisional Officer, Dhamdaha, Purnea contained in letter no.365 by which the licence of the petitioner for fair price shop under the Public Distribution System of Bhawanipur Panchayat of Ward No.1 and 4 has been cancelled, as well as order dated 4.1.2005 passed in Revision Application No.58 of 2001 passed by the Collector, Purnea upholding the order dated 8.12.2000. Learned counsel for the petitioners submits that the challenge to the orders is based 2 on the ground that no show cause or notice was even given to the petitioners before the cancellation order was passed. He further submits that even the copy of the inquiry report was not provided to them. Learned counsel states that the petitioners had deposed in a case against the Block Development Officer, Bhawanipur Block which actually was the root cause for this treatment meted to them by the official respondents. He submits that a copy of the order of cancellation dated 8.12.200 was handed over to them on 9.12.2000 whereafter they filed the revision before the Collector. The Collector, by order dated 4.1.2005, dismissed the same on the ground that inspite of opportunity given to them, no show cause had been field by them. Learned counsel submits that this fact is erroneous and not correct. A counter affidavit has been filed on behalf of respondents no.3 and 4 which has not addressed this issue as raised by the petitioners. Considering the facts and circumstances of the case, the order dated 4.1.2005 passed in Revision Application No.58 of 2001 by the Collector, Purnea is hereby set aside. The matter 3 is remanded for fresh consideration. Let the petitioners appear before the Collector, Purnea alongwith a copy of this order within two months from today. Thereafter, the Collector, Purnea shall consider the grievance of the petitioners in accordance with law after giving adequate opportunity of hearing to them. He shall be obliged to go into all the aspects which may be raised by the petitioners. The Collector, shall decide the issue within three months thereafter. Accordingly, the writ petition stands allowed to the extent indicated above. ahk (Ahsanuddin Amanullah, J.)