Full Judgment
1. Ainul Haque Son Of Late Haroon Mian Resident Of Sugauli, Ward No. -7, Police Station - Sugauli, District - East Champaran At Motihari Petitioner. Versus 1. The State Of Bihar 2. The District Magistrate - Cum - The District Collector, East Champaran, Motihari 3. The Sub Divisional Officer, Motihari Sadar, East Champaran - Respondents”
12. 1.2012 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order contained in memo no. 521, dated 26.8.2011 by which the P.D.S. licence of the petitioner has been cancelled on three grounds mentioned in the order. This court observes that the order aforesaid does not take into ac count the show cause filed by the petitioner. Counsel for the petitioner submits that the allegations leveled in the final order were not leveled against him while issuing the show cause. The petitioner would be given liberty to reply to the allegations leveled in the final order. In a quasi judicial proceeding it is expected that the authority concerned should give reason for coming to a particular conclusion. To pass an order, without even referring to the defence raised on behalf of the petitioner is unfair and not justifiable. In the result I quash the order, dated 26.8.2011 and remand the matter back to the Subdivisional Officer, Sadar, Motihari to pass a fresh order in accordance with law. It is made clear that the quashing of the order impugned would not mean that 2 the petitioner would be allowed to run his business. This writ petition is allowed to the extent indicated above. The petitioner is directed to produce a copy of this order before the Subdivisional Officer, Sadar, Motihari within a month failing which this writ petition shall stand dismissed. The Subdivisional Officer will dispose of the matter within three months. haque ( Sheema Ali Khan, J .)