IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2517 of 2008 FULESHWAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 02. 7-7-2008 By virtue of annexure-1 the PDS licence of the petitioner namely, Licence No. 4 of 1985 has been cancelled. Besides other things it also states that the said exercise is being done on the directive of the District Magistrate on his communication dated 19.10.2007. Petitioner therefore challenges this order on the ground that there is no application of mind to the issue by the licensing authority. Only reason why this Court is inclined to interfere in the matter is that there seems to be total surrender of jurisdiction by the Sub Divisional Officer to the dictates of the District Magistrate who has forgotten that he is also the appellate authority under the law. If such exercise is carried out in matters of adjudication which are quasi judicial in nature, then the statutory provision of appeal will become illusory. Impugned order, therefore, contained in annexure-1, dated 24.12.2007 is quashed. Liberty, however, is granted to the Sub Divisional Officer, Katihar to issue notice to the petitioner, consider his show cause and thereafter pass a fresh order on the materials available on the record, not based on dictates or directions of the District Magistrate i.e. provided the authorities are still interested in pursuing the matter. The writ application is allowed. rkp (Ajay Kumar Tripathi, J.) - 2 -