Devendra Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16126 of 2017 =========================================================== Devendra Ram, son of Sri Prasad Ram, resident of Village and Gram Panchayat Raj- Amhara, P.S.- and Block- Bihta, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

3. The Commissioner Patna Division, Patna.

4. The District Magistrate, Patna, District Patna.

5. The Assistant District Supply Officer, Danapur, District Patna.

6. The Sub Divisional Officer, Supply cum Licensing Authorities, Danapur, District- Patna.

7. The Block Supply Officer, Bihta, Block- Bihta, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra,Adv For the Respondent/s : Mr. ARBIND UJJAWAL - SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-04-2018 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. 1148/Aa dated 30.11.2011 passed by the Sub-Divisional Officer, Danapur, Patna the appellate order dated 14.01.2014 in E.C. Appeal No. 91/2012-13 passed by the District Magistrate, Patna as also the revisional order dated 16.05.2017 in E.C. Act Revision No. 620 of 2014 passed by the Divisional Commissioner, Patna by which the licence of the petitioner's Fair Price shop bearing no. 22/2007 has been cancelled and monthly allotment has been stopped;

Patna High Court CWJC No.16126 of 2017 dt.12-04-2018 and further to restore the petitioner's licence.

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 para 2 of the supplementary affidavit 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 as in the revision.

4. Learned counsel for the respondents appears and has 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 30.11.2011 (Annexure-6), the appellate order dated 14.01.2014 (Annexure-8) and the revisional order dated 16.05.2017 (Annexure-9) 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. 6.

Patna High Court CWJC No.16126 of 2017 dt.12-04-2018

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) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 20.04.2018 Transmission Date NA