Bhola Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13215 of 2014 =========================================================== Bhola Prasad Sah, Son of Late Shyamsundar Sah, Resident of Village- Durgapur, Rahimpur Madhya, P.O.- Durgapur, P.S.- Muffasil Khagaria, District- Khagaria. .... .... Petitioner

Versus

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

2. The District Magistrate, Khagaria, District- Khagaria.

3. The Sub- Divisional Officer, Khagaria, District- Khagaria. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate For the Respondents : Mr. Kumar Priya Ranjan, SC23 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-12-2017 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. 789 dated 06.11.2011 passed by the SubDivisional Officer, Khagaria by which licence of the petitioner's Fair Price shop bearing no. 124 K/2007 has been cancelled and monthly allotment has been stopped; and further to restore the petitioner's licence.

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.13215 of 2014 dt.08-12-2017 2/3 paragraph 12 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 enquiry report has not been controverted in the counter affidavit.

5. In the above view of the matter, this Court is satisfied that nonsupply 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. 789 dated 06.11.2011 (Annexure-1) is hereby quashed and the matter remanded to the SubDivisional Officer, Khagaria 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 liberty to approach this Court for recall of this judgment.

7. The writ petition stands allowed as above. (Vikash Jain, J)

Patna High Court CWJC No.13215 of 2014 dt.08-12-2017 3/3 B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.12.2017 Transmission Date N.A.