Harendra Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.4323 of 2018 dt.30-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4323 of 2018 =========================================================== Harendra Singh, Son of Late Ramdeo Singh, resident of Village- Bhagwatpur, P.O.- Dharampur, P.S. and District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The Collector, Vaishali, District- Vaishali.

3. The Sub- Divisional Officer, Hajipur, District- Vaishali. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Labh, Adv For the Respondent/s : Mr. S.RAZA AHMAD -AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order contained in memo no. 165 dated 16.02.2018 passed by the Sub-Divisional Officer, Hajipur by which licence of the petitioner's PDS shop bearing no. 33/16 has been cancelled and monthly allotment has been stopped; and further to restore the petitioner's license.

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 by granting an opportunity of being heard and adducing evidence in that regard. It is further submitted that the licensing authority has granted only three days' time for submission of reply to first show cause notice and 24 hours for replying second show cause, which is unreasonable and insufficient.

4. Learned counsel for the respondents appears and has

Patna High Court CWJC No.4323 of 2018 dt.30-03-2018 been heard.

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 16.02.2018 (Annexure-1) is hereby quashed and the matter remanded to the S.D.O., Hajipur for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting adequate opportunity of hearing in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed.

6. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 07.04.2018 Transmission Date NA