IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9450 of 2007 Shivkant Pathak son of Late Budhinath Pathak, resident of P.D.S.Shop Dealer, Grampanchayat Sarisapahi west, Anchal Pandaul, P.O.sarisabpahi, District-Madhubani. ……Petitioner. Versus 1. The State of Bihar. 2. The Collector-cum-District Magistrate, Madhubani. 3. The Sub-Divisional Officer, Madhubni. …… Respondents. With CWJC No.9451 of 2007 Motiur Rahman, son of Md. Khalil, resident of P.D.S.Shop dealer Gram Panchayat Pandaul Middle, P.O. Pandaul, District-Madhubani. ……Petitioner. Versus 1. The State of Bihar. 2. The Collector-cum-District Magistrate, Madhubani. 3. The Sub-Divisional Officer, Madhubni. …… Respondents ----------- For the petitioner : Mr. Durga Nand Jha, Advocate (in both the cases) For the respondents : Mr. A.K.Mishra No.2, ( in both the cases) A.C. to S.C.16. -------- 04/ 05.10.2010 Both the aforesaid writ petitions have been filed by the respective petitioner challenging orders dated 24.04.2006 cancelling their agreement and fair price shop licence under Public Distribution System. 2. Exactly similar orders were passed against other licencees also on the same date. Against the said orders, the licencees filed their respective appeals before the Collector and all the aforesaid appeals, including the appeals of the petitioners were rejected on 21.05.2007 by the Collector, Madhubani by similar orders. 3. Learned counsel for the petitioner in both the cases - 2 - submits that other licencees filed writ petitions, including CWJC No.13045 of 2006 which was disposed of by a bench of this court on 26.10.2009 setting aside orders of the Sub-Divisional Officer Sadar, Madhubani as well as the order of the District Magistrate, Madhubani and the matter was remitted back to the Sub-Divisional Officer, Sadar, Madhubani for fresh consideration in accordance with law. 4. From the facts and circumstances of the case as well as from the materials on record it is quite apparent that the authorities could not cite any specific instance of violation of any of the provisions of the agreement and had only made general unsubstantiated allegation which is in clear violation of the settled principles of law as decided by this court in case of M/s Umesh Chandra Dinesh Kumar Vs. State of Bihar and Ors, reported in 1999(2) E.F.R.21. 5. In the aforesaid facts and circumstances, the original order of the Sub-Divisional Officer, Sadar, Madhubani as well as the appellate order of the District Magistrate, Madhubani in both the writ petitions are hereby quashed and the matter is remitted to the Sub-Divisional Officer, Sadar, Madhubani for fresh consideration in accordance with law in both the aforesaid cases. 6. Accordingly, both the writ petitions are disposed of with the aforesaid observations and directions. Sunil (S. N. Hussain, J.)