Urmila Devi @ Urmila Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4383 of 2019 ====================================================== Urmila Devi @ Urmila Singh, wife of Virendra Singh, aged about 49 years, female, Resident of Labhuani,Ward No.10, P.S. Gadhahani,District-Bhojpur ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna 2.

The District Magistrate cum Collector,Bhojpur, Arra 3.

The Sub Divisional Officer Sadar, Arra 4.

The District Supply Officer Bhojpur,Arra 5.

The District Manager, State Food Corporation,Bhojpur,Arra 6.

The Block Supply Officer, Gadhahani, Arra 7.

The Block Supply Inspector, Gadhahani, Bhojpur, Arra ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Tribhuwan Narayan, Advocate For the State :

Mr.Alok Ranjan, AC to AAG 5 For the BSFC :

Mrs. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 10-06-2019 This matter has been heard and is being taken up for final disposal at the admission stage itself with consent of the parties.

2. The present writ petition has been filed for setting aside the order dated 01.11.2018 vide memo No. 2436/(go) passed by SubDivisional Officer, Sadar Arra (Annexure-5) whereby and whereunder PDS license of the petitioner, bearing Licence No. 46/2016, has been cancelled.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that show cause notice was not served upon the petitioner and she was not given any opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in para 16 of the writ petition that the impugned order of cancellation of licence has been passed without serving show cause notice to the petitioner, though the same had been relied upon in the impugned order.

Patna High Court CWJC No.4383 of 2019 dt.10-06-2019 2/2

4. Learned counsel for the respondents appears and has been heard.

5. In the above view of the matter, this Court is satisfied that non-service of the show cause notice to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 01.11.2018 vide memo No. 2436/(go) (Annexure-5) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Sadar Ara District Bhojpur for taking decision afresh in the matter after serving show cause notice upon the petitioner and granting an opportunity of hearing in accordance with law. Licence of 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 non-service of show cause notice 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) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.06.2019 Transmission Date N.A.