IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5742 OF 2007 SHEIKH WASIR GARVELI, KATIHAR. VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, KATIHAR 2. THE DISTRICT MAGISTRATE, KATIHAR AND 3. THE SUB DIVISIONAL OFFICER, KATIHAR. ----------- 3 04.01.2010. Heard learned counsel for the parties. The petitioner is aggrieved by order dated 22.12.2006, passed by the S.D.O., Katihar whereby he has cancelled the Fair price retail licence of the petitioner bearing License No.1/1986. It would appear from annexure 2, the inspection report that at the time of inspection, shop was closed and some people complained regarding short supply of items and that too at the higher price. Learned counsel for the petitioner submits that in fact the licensing authority after considering the materials on record forwarded a proposal to the Collector for lifting the suspension. He submits that as the proposal of lifting of suspension was turned down by the Collector vide order dated 15.11.2006, the impugned order cancelling his lincence has been passed in view of aforesaid fact. The petitioner further submits that his show cause has not been objectively considered. Learned counsel for the State submits that petitioner has committed breach of conditions of licence. Furthermore, he has alternative remedy by way of appeal. It would appear from the impugned order that one of the - 2 - grounds of cancelling licence of petitioner is refusal of the Collector to accept the proposal of lifting suspension. It would further appear that the show cause filled by the petitioner has not been dealt with. In the facts of the case, the impugned order dated 22.12.2006, annexure- 7 passed by licensing authority is set aside and matter is remanded to the Licensing authority for afresh consideration in accordance with law, preferably within a period of five months from the date of receipt/production of a copy of this order. The writ petition stands disposed of with the aforesaid directions. Shashi. (Samarendra Pratap Singh,J).