IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13051 of 2006 SATYA NARAYAN SAH Versus THE STATE OF BIHAR & ORS ----------- 2. 12.05.2008 Heard learned counsel for the petitioner and the State. The writ application was filed in October, 2006. No counter affidavit has been filed till date. In view of the nature of the order proposed to be passed, this Court does not consider it necessary to adjourn the matter for filing of a counter affidavit. The petitioner, who is a public distribution system dealer, is aggrieved by the order dated 16.9.2006, cancelling his public distribution system licence no. 6 of 1985. Learned counsel for the petitioner submits that it is apparent from the impugned order that the Licensing Authority has acted at the behest of and on instruction dated 18.5.2006 from the Deputy Secretary, Food, Civil Supplies and Commerce, the instruction of the District Magistrate dated 24.7.2006 and an alleged report of the Vigilance. The submission, therefore, is of abdication of statutory powers by the Licensing Authority at the dictates of others, thus, vitiating the order. It is additionally alleged that though the petitioner filed a show cause, there is no consideration of the show cause at all in the final order except that it was found unsatisfactory. No reason has been assigned as to why it was unsatisfactory. It is lastly submitted on the objection raised by the State with regard to the remedy of an appeal that in view of the fact that the licence has been cancelled on directions of the Deputy Secretary and the District Magistrate, an - 2 - appeal shall be an exercise in futility. This Court is satisfied that the writ application has to be allowed. The impugned order dated 16.9.2006 is quashed on both counts as abdication of statutory powers by the Licensing Authority and acting at the behest of others as also complete lack of any display of consideration of the show cause filed by the petitioner. This shall, however, not preclude the statutory authority from proceeding against the petitioner afresh in accordance with law. AKS/ (Navin Sinha, J.)