Kishore Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9817 of 2018 =========================================================== Kishore Kumar Gupta, son of Late Mahendra Sah, Resident of Village - Akbarnagar, Police Station - Akbarnagar, District - Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Food & Civil Supply, Govt. of Bihar, Patna.

3. The District Magistrate, Bhagalpur.

4. The S.D.O. Sadar, Bhagalpur.

5. The District Supply Officer, Bhagalpur.

6. The Block Supply Officer, Sultanganj.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vijay Anand, Mr. Md. Najmul Hodda, Advocates For the Respondents : Mr. Upendra Pratap Singh, AC to SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs:- "(i) For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the letter dated 19.04.2018 contained in memo no. 267 issued by the respondent no. 4 the S.D.O. Sadar Bhagalpur by which he has most arbitrarily and quite erroneously cancelled the petitioner's fair price shop bearing License no. 56 of 2016 without serving the enquiry report as well as without considering the show cause of the petitioner.

Patna High Court CWJC No.9817 of 2018 dt.25-06-2018 2/3 (ii) For issuance of a writ of mandamus or any other appropriate writ order and direction commanding the respondent authorities to permit the petitioner to run his fair price shop by setting aside the aforesaid impugned order which is under challenge.

(iii) For grant of any other relief or reliefs for which the petitioner may be entitled, deemed fit and proper in the facts and circumstances of the case.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the inspection 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 9 of the writ petition that the impugned order of cancellation of licence has been passed without providing a copy of the inspection 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 inspection 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 inspection report to the petitioner has resulted in

Patna High Court CWJC No.9817 of 2018 dt.25-06-2018 3/3 violation of natural justice and thus the decision making process stands vitiated. The impugned order contained in memo No. 107 dated 19.04.2018 (Annexure-1) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Sadar Bhagalpur for taking decision afresh in the matter after supplying a copy of the inspection 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. 4.

6. It is made clear that in case the stand of the petitioner denying receipt of the inspection 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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.06.2018 Transmission Date N.A.