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2010 DIGILAW 803 (PAT)

Chandeshwari Yadav S/o Late Kailash Bihari Yadav v. State Of Bihar

2010-04-19

NAVANITI PRASAD SINGH

body2010
JUDGEMENT 1. The petitioner was a dealer under the Public Distribution System in Village-Kathotia in the district of Madhepura. It seems that he was an accused in a criminal case under Section 302 IPC and other Sections and was in custody. The Collector of the district issued verbal orders directing suspension of petitioners licence and its cancellation. Pursuant whereto, the Sub-Divisional Officer, Udakishunganj by impugned order dated 17th August, 2007 cancelled petitioners licence on the ground that he has been absent being in custody for over a year. Subsequently, after a full trial petitioner was acquitted on merits. 2. Petitioner states that for the said village till now no one has been appointed as a dealer, and he having been acquitted his licence should be restored, specially, when there has never been any complaint with regard to his transaction as a dealer in Public Distribution System. 3. In my view, petitioner should first make an application before the Sub-Divisional Officer, Udakishunganj in this regards, who would consider the matter taking in view that petitioner has been honourably acquitted in the criminal case showing his false implication and should not suffer because of that. The Sub-Divisional Officer, Udakishunganj would pass necessary orders after hearing the petitioner within one month from the date of production of a copy of this order before him whereby he would consider the earlier order, in view of the directions given above. 4. The writ petition stands disposed of.