Shambhulal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7280 of 2021 ====================================================== Shambhulal Ram Son of Jagai Ram Resident of Village-Sorahatha, P.S.- Vaishali (Belsar O.P.), Disrict-Vaishali.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Vaishali.

3.

The Sub-Divisional Officer, Hajipur, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Adv.

For the Respondent/s :

Mr.Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2021 The present writ petition has been filed for quashing the order dated 22.1.2021 whereby and whereunder the PDS license of the petitioner bearing license no. 15/2016 has been cancelled. The short point raised by the petitioner in the present writ petition is that though in the show cause notice dated 6.6.2019, it has been written that the inquiry report is being enclosed, however, in the reply submitted by the petitioner dated 18.6.2019, it has been categorically stated that the inquiry report has not been supplied, hence, a copy

Patna High Court CWJC No.7280 of 2021(2) dt.27-09-2021 2/3 of the same be supplied to the petitioner so that a wholesome reply can be submitted, nonetheless, the Sub-Divisional Officer, Hajipur, still did not supply a copy of the inquiry report to the petitioner and has instead passed the impugned order dated 22.1.2021, resulting in violation of the principles of natural justice.

The learned counsel for the RespondentState, Sri Upendra Pratap Singh (AC to SC-4) has not disputed the position, as is existing in law. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, this Court finds that admittedly, the SubDivisional Officer, Hajipur has failed to supply the copy of the inquiry report despite the petitioner having requested him, by his reply dated 18.6.2019, hence, the petitioner has been precluded from submitting his wholesome proper defence, resulting in violation of the principles of natural justice, thus, the impugned order dated 22.1.2021 is unsustainable in the eyes of law, consequently, is quashed, however, the matter is remanded back

Patna High Court CWJC No.7280 of 2021(2) dt.27-09-2021 3/3 to the Sub-Divisional Officer, Hajipur for proceeding afresh, in accordance with law.

The writ petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U