Patna High CourtCWJC/7256/2017allowed

Birendra Singh v. The State Of Bihar And ORS

2018-02-22Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.7256 of 2017 dt.22-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7256 of 2017 =========================================================== Birendra Singh, S/o Late Sukhdeo Singh, R/o Village- Dharampur, P.S.- Daudpur, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Bihar, Patna.

2. The District Magistrate-cum-Collector, Saran at Chapra.

3. The Sub-Divisional Officer, Sadar, Chapra.

4. The Block Supply Officer, Manjhi, Chapra.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate. For the Respondents : Mr. Arvind Ujjwal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing of the order contained in Memo No. 214 dated 11.03.2017 passed by the learned Sub-Divisional Officer, Sadar, Chapra by which the license of the petitioner to run the public distribution shop being license no. 32/2016 has been cancelled by the learned S.D.O., Chapra on the basis of the show cause notice which was not served upon the petitioner on the date of passing impugned order dated 11.03.2017.

3. Learned counsel for the petitioner submits that the impugned order dated 11.03.2017 (Annexure-2) is unsustainable, having been passed without prior service of the show cause notice

Patna High Court CWJC No.7256 of 2017 dt.22-02-2018 dated 25.02.2017. A perusal of the said show cause notice (Annexure1) discloses that the same has been served on 12.03.2017, a day after the impugned order has been passed.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner has not been controverted, as no counter affidavit has been filed till date.

5. Having regard to the aforesaid facts and circumstances of the case, the impugned order dated 11.03.2017 (Annexure-2) is hereby quashed and the matter remanded to the SubDivisional Officer, Sadar, Chapra to pass a fresh orders after grant of proper opportunity of hearing to the petitioner in accordance with law.

6. The writ petitioner stands allowed.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.02.2018 Transmission Date N.A.