Triloki Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14299 of 2017 =========================================================== Triloki Paswan Son of Sri Ganga Paswan, Resident of Village + P.O. Dhobia Kalapur, Police Station- Naubatpur, District- Patna. .... .... Petitioner

Versus

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

2. The District Magistrate, Patna.

3. The Sub-Divisional Officer, Danapur, District- Patna.

4. The Assistant Supply Officer, Danapur, Patna.

5. The Block Supply Officer, Naubatpur, District- Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mukul Prasad, Advocate For the Respondents : Mr. Upendra Pratap Singh, AC to SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order passed by the Sub-Divisional Officer, Danapur vide memo no. 1212 dated 12.12.2015 by which licence of the petitioner's Fair Price shop bearing no. 43 of 2007 has been cancelled; and further to restore the petitioner's licence as before.

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

Patna High Court CWJC No.14299 of 2017 dt.20-02-2018 2/3 paragraph 13 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 had 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 the 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 12.12.2015 (Annexure-1) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Danapur, District Patna (respondent no. 3) 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.

Patna High Court CWJC No.14299 of 2017 dt.20-02-2018 3/3 (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24.02.2018 Transmission Date N.A.