Vrij Nandan Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7740 of 2018 =========================================================== Vrij Nandan Paswan, Son of Raghunath Paswan, Resident of Village and Post - Kateshar, P.S.- Bihta, District- Patna.

.... .... Petitioner

Versus

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

2. The Collector and District Magistrate, Patna, District- Patna.

3. The Sub-Divisional Officer, Danapur, District- Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate For the Respondents : Mr. S. Raza ahmad- AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-05-2018 Heard learned counsel for the petitioner as well as for the respondents.

2. This writ petition has been filed for the following reliefs:- "(i) For quashing and setting aside the order passed by the Sub-Divisional Officer, Danapur and issued vide Memo No. 1427 dated 20/11/2014 whereby and whereunder licence of the petitioner's Fair Price Shop bearing No. 16/2007 has been cancelled contained in Annexure-1 and quashing and setting aside the order dated 13/02/2018 passed by the learned Collector and District Magistrate, Patna in E.C. Appeal Case No. 65/2014-15 contained in Annexure-4 whereby and whereunder appeal filed by the petitioner against the cancellation order has been rejected and affirmed the cancellation order.

(ii) A mandamus commanding the Respondents to

Patna High Court CWJC No.7740 of 2018 dt.10-05-2018 2/3 restore the petitioner's licence as before and to make allotment for the petitioner's shop.

(iii) Any other relief or reliefs for which petitioner may be found entitled in the fact and circumstances of the present case may be granted to him."

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 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. Such infirmity could not be cured in the appeal as well.

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 appellate order dated 13.02.2018 passed by the Collector, Patna in E.C. Appeal Case No.65 of 2014-15 (Annexure-4) and the

Patna High Court CWJC No.7740 of 2018 dt.10-05-2018 3/3 impugned order dated 20.11.2014 (Annexure-1) are hereby quashed and the matter remanded to the Sub-Divisional Officer, Danapur, 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. B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.05.2018 Transmission Date N.A