Jai Shankar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2711 of 2020 ====================================================== Jai Shankar Prasad Singh S/o Late Ramchandra Singh, Resident of VillageSinghara Bugurg, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

2.

The Collector Vaishali.

3.

The Sub Divisional Officer Mahua, Vaishali.

4.

The Additional District Supply Officer Mahua, Vaishali. 5.

The Block Supply Officer Mahua, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Dhananjaya Nath Tiwari, Adv.

Ms. Preety Kunwar, Adv.

For the Respondent/s :

Mr.Maruth Nath Roy, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2020 The present writ petition has been filed for quashing the order dated 03.01.2020, whereby and whereunder the P.D.S. licence of the petitioner bearing licence no. 40 of 2016 has been cancelled by the Sub Divisional Officer, Mahua, Vaishali.

2.

The short issue raised by the petitioner in the present case is that the impugned order dated 03.01.2020 would itself show that opinion was sought for from the In-charge Assistant District Supply Officer, Mahua and on the basis thereof, the Sub Divisional Officer, Mahua, Vaishali has cancelled the licence of the petitioner. It is thus submitted that

Patna High Court CWJC No.2711 of 2020(2) dt.25-02-2020 2/3 the said action of the Sub Divisional Officer, Mahua, Vaishali is illegal, inasmuch as the petitioner has not been supplied with a copy of the opinion of the In-charge Assistant District Supply Officer, Mahua, Vaishali so as to enable him to submit his wholesome defence which has resulted in denial of fair opportunity to the petitioner to establish his innocence, hence it is submitted that the Principals of Natural Justice have been violated. In this connection, the learned counsel for the petitioner has relied upon the order/ judgment of this Court dated 17.12.2018 and 30.05.2019 passed in CWJC no. 16872 of 2016 and CWJC no. 10937 of 2016 respectively. 3.

The position existing as on fact as also in law, is not denied by the learned counsel for the State. 4.

Having regard to the facts and circumstances of this case, considering the submissions of the learned counsel for the parties as also considering the aforesaid judgments rendered by this Court, this Court finds that the S.D.O. Mahua, Vaishali has passed the impugned order dated 03.01.2020, primarily on the basis of the information furnished by the Incharge Assistant District Supply Officer, Mahua, Vaishli which was never supplied to the petitioner herein, hence denying the petitioner of fair opportunity to put forth his defense resulting in

Patna High Court CWJC No.2711 of 2020(2) dt.25-02-2020 3/3 violation of the Principles of Natural Justice, thus the impugned order dated 03.01.2020 cannot be sustained in the eyes of law, hence is quashed. The writ petition stands allowed, however with liberty to the S.D.O. Mahua, Vaishali to proceed afresh, in accordance with law.

(Mohit Kumar Shah, J) Tiwary/- U