Bateshwar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1227 of 2018 ====================================================== Bateshwar Ram, aged about 36 years, Son of Sri Tirath Ram, Resident of Village- Kaji Hirdyanagar, P.S. Banmankhi, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

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

3. The District Magistrate, Purnea.

4. The District Supply Officer, Purnea.

5. The Sub- Divisional Officer-cum- Licensing Authority, Purnea.

6. The Block Supply Officer, Banmankhi, District- Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivek Anand Amritesh For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2018 The present writ petition has been filed for setting aside the order dated 16.05.2017 passed by the District Magistrate, Purnea in Appeal No. 51 of 2015 as also the order dated 18.03.2015 passed by the Sub-Divisional Officer, Banmankhi on the ground that the Sub-Divisional Officer, Banmankhi had given show cause notice wherein only two days were allowed to the petitioner to file reply, hence the entire proceeding is perverse. I have gone through the records and heard the learned counsel for the parties and I find that only two days were granted to the petitioner to file show cause reply which in the opinion of

Patna High Court CWJC No.1227 of 2018 (2) dt.17-09-2018 2/2 this Court is grossly insufficient, hence on this ground alone the impugned orders dated 18.03.2015 and 16.05.2017 are set aside with liberty to the Sub-Divisional Officer, Banmankhi to proceed in the matter afresh.

The present writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U