IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14574 of 2007 DAYANAND YADAV, Son of Sri Saini Yadav, resident of Village- Hasanpur, Police Station- Raniganj, District- Araria. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Food Civil Supplies & Commerce Department, Government of Bihar, Patna. 3. The Commissioner, Purnia Division, Purnea. 4. The District Magistrate, Araria, District Araria. 5. The District Supply Officer, Araria, District- Araria. 6. The Sub-Divisional Officer, Araria, District- Araria. 7. The Circle Officer, Raniganj, District- Araria. 8. The Block Supply Officer, Raniganj, District- Araria. . . . . Respondents ----------- 3/ 28.10.2009 Heard learned counsel for the petitioner and the State. Petitioner is a retail P.D.S. dealer. He has prayed for quashing the Memo no.555 dated 26.03.2005, contained in Annexure- 6, whereby the agreement with regard to licence no. 5 R/1986 was cancelled. He is also aggrieved by order dated 07.02.2006, contained in Annexure-7, whereby Sub-Divisional Officer, Araria refused to recall his earlier order dated 23.03.2005. He has also prayed for quashing the order dated 24.07.2007, contained in Annexure-8, passed by Collector, Araria in Misc. Appeal No. 1 of 2006-07. Counsel for the petitioner states that show-cause notice was issued to him on 09.03.2005, which was received by him on 27.03.2005. However, on 26.03.2005 the agreement with regard to his license was cancelled by Sub-Divisional Officer, Araria by Annexure- 6. Petitioner submits that the Sub-Divisional Officer, Araria cancelled the agreement without considering Annexure-5, which is an order dated 21.03.2005 wherein it was noticed that petitioner is suffering from disease and extension of time was prayed. - 2 - The appeal of the petitioner was rejected, as the State Prosecutor pleaded that the writ application bearing C.W.J.C. No. 9716 of 2005 filed by one Bhupdeo Yadav against the petitioner was pending for cancellation of petitioner’s licence before this Court. In view of the aforesaid submission, the Appellate Authority did not find it expedient to consider the appeal on merit. Learned counsel has produced a copy of order. He further submits that this Court did not pass any positive order in the aforesaid writ application filed by Bhupdeo Yadav against the petitioner in C.W.J.C. No. 9716 of 2005, rather it was disposed of on 28.02.2009 with liberty to Bhupdeo Yadav to approach the Licensing authority for his grievance. After hearing the counsel for the parties, this Court remits the matter to Sub-Divisional Officer, Araria for consideration of the matter after giving appropriate show cause to the petitioner in accordance with law. The impugned orders passed by the Licensing authority as well as Appellate Authority are set aside. This writ application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)