IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8295 of 2006 INDU DEVI, WIFE OF HARENDRA MANJHI, RESIDENT OF VILLAGE- ISSUPUR, P.O.- MANUPUR, P.S. DIGHWARA, DISTRICT- SARAN (CHAPRA):- -PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, SARAN DIVISION, CHAPRA. 3. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, SARAN, CHAPRA. 4. THAT SUB-DIVISIONAL OFFICER, SONEPUR, CHAPRA :--- RESPONDENTS. ----------- For the petitioner : Mr. N.K. Agrawal, Senior Advocate. Mr. D.N.Tiwari, Advocate. For the State : Mr. Shubhankar Sharma, A.C. to Mr. G.P.-11. ====== 2. 05.05.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is a Fair Price Shop Licensee bearing Licence No. 04/1995. She is aggrieved by the order of the Licensing Authority i.e. Sub-Divisional Officer, Sonepur dated 28.11.2002, Annexure-3, whereunder her Fair Price Shop Licence has been cancelled holding that her shop was found without a notice-board as also closed on the date of inspection. The 3rd ground taken in support of the impugned order is that the inspecting team learnt from the consumers that petitioner is permanently residing with her husband at Calcutta and the shop is always closed. She is also aggrieved by the order dated 19.08.2005 passed in Supply Appeal Case No. 12/02, Annexure-5, whereunder aforesaid order dated 28.11.2002 has been affirmed. She is further aggrieved by the order dated 31.03.2006 passed by the Commissioner, Saran Division, Chapra in Supply Revision No. 90/2005-06, Annexure-7. 3. It is submitted on behalf of the petitioner that 2 earlier notice bearing Memo No. 301 dated 05.09.2002, Annexure-1 was issued to the petitioner and three others asking them to show cause as to why the Fair Price Shop of the noticee was found closed and without notice-board on the date of inspection. It is submitted on behalf of the petitioner that in response to the aforesaid show-cause notice reply, Annexure-2 was filed before the Licensing Authority disputing the allegation set out in the notice as also stating that on the date of inspection petitioner was not available on the shop as that date she had gone to Dighwara for taking medical advice but without considering the same impugned order dated 28.11.2002, Annexure-3 was passed by the Licensing Authority which has been affirmed in appeal and revision. It is further submitted on behalf of the petitioner that she has been regularly lifting the supplies under the instruction of the District Administration and distributing the same amongst the consumers attached to her shop. It is further submitted that the allegation that petitioner is residing at Calcutta with her husband is absolutely incorrect and none of the consumer ever stated before the Enquiry Officer on 18.07.2002, the date of inspection, that petitioner is residing at Calcutta. It is further submitted on behalf of the petitioner that in the light of the allegation the consumers reporting against the petitioner should have been made available for being cross-examined by the petitioner so as to enable her to establish that she is always residing in the 3 village and conducting her Fair Price Shop business. 4. Petitioner having not been confronted with the consumers alleging absence from the village the order cancelling her Fair Price Shop licence on the ground that petitioner is away from her village and residing at Calcutta suffers from the vice of arbitrariness. Accordingly, the impugned order dated 28.11.2002, Annexure-3 as also the appellate order dated 19.08.2005, Annexure-5 and the revisional order dated 31.3.2006, Annexure-7 is set aside and the matter is remitted back to the Licensing Authority to make available the consumers who are alleging that petitioner is residing at Calcutta so that they may be cross- examined by the petitioner. Appropriate orders in the light of this order be passed by the Licensing Authority as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)