ORDER Heard learned counsel for the parties. 2. The petitioner is licensee for running a shop under the public distribution system issued under the provisions of the Public Distribution System Control Order, 2001 read with the Bihar Fair Price Shop Order 2007 bearing Licence No. 1 of 2011. 3. The licence of the petitioner has been cancelled on grounds of alleged irregularities by the licensing authority being the Sub-Divisional Officer, Belsund District Sitamarhi vide order bearing Memo No.866 dated 17.6.2013 placed at Annexure-1. The proceeding in question has been initiated on the basis of a report given by an inspecting team charging several dealers under the public distribution system of alleged irregularities and the petitioner happens to be one of them. The District Magistrate, Sitamarhi vide letter bearing No. 1259 dated 9.5.2013 directed the Sub-Divisional Officer, Belsund to look into the irregularities and pass appropriate orders in accordance with law. The copy of this order has been placed on record vide Annexure-A to the supplementary counter affidavit. It is in the light of such direction that a show cause was issued to the petitioner by the licensing authority vide letter bearing Memo No.671 dated 16.5.2013 placed at Annexure-2. In response thereto the petitioner filed his reply and in consideration whereof, the order impugned dated 17.6.2013 as contained in Annexure-1 has been passed by the licensing authority i.e. the Sub Divisional Officer, Belsund. 4. I have heard learned counsel for the parties and I have perused the materials on record. 5. The writ petition has to succeed on the limited ground that there is no notice of proposed cancellation as mandated under Clause 7(ii) of the Bihar Fair Price Shop Order which runs as follows: “7(ii) If any licensee contravenes any provision or any terms and conditions of license or any of his duties and responsibilities or any order of State Government then without prejudice to any other action that may be taken against him under the Essential Commodities Act, 1955 (Central Act 10 of 1955), his license may be cancelled by the Licensing Authority by written order. No order of cancellation shall be made under this clause unless the licensee has been given a reasonable opportunity stating its case against the proposed cancellation”. The similar matter shall be disposed by the Licensing Authority within a month.” 6. No order of cancellation shall be made under this clause unless the licensee has been given a reasonable opportunity stating its case against the proposed cancellation”. The similar matter shall be disposed by the Licensing Authority within a month.” 6. The provision clearly debars the licensing authority from passing any order of cancellation unless it precedes with a notice of proposed cancellation. 7. The show cause notice placed at Annexure-2 though requires a response by the petitioner but it is not in tune with the provisions of Clause 7(ii) of the order for it is not a notice against proposed cancellation. On this short issue, the writ petition succeeds. The order of cancellation bearing Memo No.866 dated 17.6.2013 passed by the Sub-Divisional Officer placed at Annexure-1 is quashed and set aside. The licence of the petitioner stands restored. 8. The writ petition is allowed. 9. This order however would not preclude the licensing authority to proceed against the petitioner in accordance with law.