Md. Junaid Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13628 of 2018 ====================================================== Md. Junaid Ahmad, S/o Md. Sultan Ahmad, resident of Chiksi, P.S. Sighuri, District- Patna.

... ... Petitioner/s

Versus

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

2. The District Magistrate, Patna.

3. The Sub Divisional Officer, Paliganj, Patna.

4. The Block Supply Officer, Paliganj, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anujit Sinha For the Respondent/s :

Mr. S. Raza Ahmed,AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2018 The present writ petition has been filed for setting aside the order dated 03.07.2018 passed by the learned SubDivisional Officer, Paliganj, Patna, whereby and where under the license of the P.D.S. shop of the petitioner has been cancelled.

The short submission made by the learned counsel for the petitioner is that only three day's time has been granted to the petitioner for filing reply to the show-cause notice, which is grossly insufficient. Reference in this regard has been made to a judgment reported in 2013(1) PLJR 708 (Smt. Fulpati Devi vs. The State of Bihar & Ors.).

Having regard to the facts and circumstances of the case, this Court finds that the three days' time granted to the

Patna High Court CWJC No.13628 of 2018(2) dt.30-11-2018 2/2 petitioner to file reply is highly insufficient and amounts to breach of the principles of nature justice. Hence, the order dated 03.07.2018 passed by the learned Sub-Divisional Officer, Paliganj, Patna, is quashed, however, with liberty to the SubDivisional Officer, Paliganj, Patna to proceed in the matter afresh in accordance with law.

The writ petition is allowed.

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