Smt. Meena Devi vs State of Bihar

V.N. Sinha, J.—Heard learned counsel for the petitioner and the State, also perused the counter affidavit filed on behalf of Respondent Nos. 3 to 6.

Petitioner is a Fair Price Shop Dealer. She is aggrieved by the suspension and cancellation of her Fair Price Shop dealing license under order bearing Memo No. 284, 1783 dated 09.12.1999, 20.12.1999, Annexures 1,2 respectively. The cancellation order has also been affirmed in appeal and revision under orders dated 16.11.2002, 14.06.2005, Annexures-5,6. The appellate and the revisional order are also under challenge in these proceedings. Perusal of the suspension order indicate that the Fair Price Shop dealing license of the petitioner was suspended for her failure to enter/indicate distribution of food grains in the red card of the constituents attached to her shop. In response to the allegations contained in the suspension order dated 09.12.1999, Annexure-1 petitioner filed her show-cause reply dated 14.12.1999, Annexure-7 stating that on account of mistake on her part entry showing distribution of food grains to the red card holders for the month of April, May, 1999 could not be made in the Red Card of the constituents attached to her shop. Specific statement was made in the show-cause that the food grain was distributed to the red card holders attached to her shop during the two months i.e. April, May, 1999. In the cancellation order dated 20.12.1999, Annexure-2 the Licensing Authority has, however, recorded a finding that food grains were not distributed to the red card holders for the months of April, May, 1999. Such finding has been recorded in the cancellation order without reference to the statement of any of the card holders. In the circumstances, I am not inclined to rely on such finding which is nothing but ipse dixit of the Licensing Authority.

Accordingly, the cancellation order dated 20.12.1999, appellate order dated 16.11.2002, revisional order dated 14.06.2005, contained in Annexures- 2, 5, 6 are set aside with direction to the Licensing Authority to restore the Fair Price Shop dealing license of the petitioner 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 before the Licensing Authority.

The Writ application is, accordingly, allowed.