IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3570 of 2006 SABITA DEVI, WIFE OF AJAY KUMAR @ AJAY KUMAR RAM, RESIDENT OF VILLAGE CHHIHATAR, P.O. MANER, P.S. MANER, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY/COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLY GOVERNMENT OF BIHAR, PATNA. 2. THE COLLECTOR, PATNA. 3. SUBDIVISIONAL OFFICER, DANAPUR, PATNA. 4. DISTRICT SUPPLY OFFICER, PATNA. 5. BLOCK SUPPLY OFFICER, MANER, DIST. PATNA. 6. BLOCK DEVELOPMENT OFFICER, MANER, DISTT. PATNA. ----------- 02. 24.02.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is holder of Fair Price Shop Dealers Licence No.09 of 1990. He is aggrieved by the order bearing memo no.46 dated 23.1.2004, Annexure-1 passed by the Sub-Divisional Officer, Danapur, whereunder Fair Price Shop Dealers Licence No.09 of 1990 of the petitioner has been cancelled on four grounds, namely, that the shop was found closed and notice board did not indicate the stock position and the price list of the commodities available for sale. Petitioner is also alleged to have indulged in black-marketing of kerosene oil. 3. It is submitted on behalf of the petitioner that allegation that the shop was found closed on the date of inspection is correct as on that date petitioner had gone to attend his ailing son in the clinic of the medical officer who was treating him and the shop being closed the notice board did not display the stock position and the price list. As regards allegation of black-marketing of kerosene oil, it is submitted on behalf of the petitioner that from perusal of records - 2 - maintained by the authorities itself, it will not appear that none of the constituent of his shop ever alleged against the petitioner that he is indulging in black-marketing of kerosene oil. 4. Having heard counsel for the parties, I direct the petitioner to challenge the order dated 23.1.2004, Annexure-1 by filing appeal before the Collector, Patna, who should examine the memo of appeal in the light of the submissions noted above. If it is true that the shop was found closed only for a day i.e. the date of inspection, benefit of doubt should be given to the petitioner taking into account that petitioner has remained a licensee for about 14 years and his shop was closed only for a day, provided there is no material in the case record to suggest that petitioner is indulging in black- marketing of the kerosene oil. Appellate order be passed, as early as possible, in any case within two months from the date of receipt of the memo of appeal along with a copy of this order before the Collector, Patna. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)