Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7271 of 2018 =========================================================== Ajay Kumar, S/o Shiv Narayan Prasad, Resident of Barni, P.S.- Dhanarua, District- Patna.

.... .... Petitioner

Versus

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

2. The Collector, Patna.

3. The Sub Divisional Officer, Masaurhi, Patna.

4. The Block Supply Officer, Dhanrua, Patna.

.... .... 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: 07-05-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order contained in Memo No. 148/Aa Masaurhi dated 27.03.2018 passed by learned Sub-Divisional Officer, Masaurhi by which the PDS license of the petitioner being license no. 61/2016 has been cancelled; and further be pleased to restore the PDS license of the petitioner.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he was never confronted with the same with an opportunity of being heard or

adducing evidence in that regard. A specific stand has been taken in paragraph-10 of the writ petition that the impugned order of cancellation of licence has been passed without providing a copy of the enquiry report to the petitioner, though the same has been relied upon in the impugned order.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of enquiry report has not been controverted, as no counter affidavit has been filed till date.

5. In the above view of the matter, this Court is satisfied that non-supply of the enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 27.03.2018 contained in Memo No. 148/Aa (Annexure-3) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Masaurhi, Patna for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting an opportunity of hearing in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 3.

6. It is made clear that in case the stand of the petitioner denying receipt of the enquiry report prior to order of cancellation being passed is found to be incorrect, the respondents shall be at liberty to approach this Court for recall of this judgment.

7. The writ petition stands allowed as above. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 09.05.2018 Transmission Date N.A.