Krishna Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11333 of 2018 =========================================================== Krishna Prasad, son of Late Mahadeo Sao, Resident of Village- Bari Chauraha Kathara, Police Station- Maner, District- Patna. .... .... Petitioner

Versus

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

2. The District Magistrate, Patna.

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

4. The Block Supply Officer, Maner, 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: 26-06-2018 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. 934 dated 20.08.2014 passed by the SubDivisional Officer, Danapur, Patna (Annexure-3); and also for any consequential reliefs.

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.11333 of 2018 dt.26-06-2018 2/3 paragraph 7 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 contained in memo no. 934 dated 20.08.2014 passed by the Sub-Divisional Officer, Danapur, Patna (Annexure-3) is hereby quashed and the matter remanded to the SubDivisional Officer, Danapur District 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

Patna High Court CWJC No.11333 of 2018 dt.26-06-2018 3/3 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 01.07.2018 Transmission Date N.A.