Parmanand Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9141 of 2021 ====================================================== Parmanand Kishore son of late Shiv Shankar Sao resident of Village/P.S./Anchal-Sirdala, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna800015. 2.

The District Magistrate, Nawada.

3.

The Sub Divisional Officer, Rajauli, District- Nawada. 4.

The Block Supply Officer, Sirdalla, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sidhendra Narayan Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 04-02-2022 The present writ petition has been filed for quashing the order dated 19.12.2020 passed by the Sub-Divisional Officer, Rajauli, District-Nawada whereby and whereunder the PDS license of the petitioner bearing license no. 170 of 2017 has been cancelled.

The learned counsel for the petitioner has raised a short issue for consideration, to the effect that while issuing the show cause notice dated 11.12.2020, the Sub-Divisional Officer, Rajauli, District-Nawada did not indicate about any proposal

Patna High Court CWJC No.9141 of 2021(2) dt.04-02-2022 2/3 for cancellation of the license. Thus, no show cause notice was issued to the petitioner, proposing cancellation of the license, as is contemplated under Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016. The learned counsel for the petitioner has further submitted that the present case is squarely covered by a judgment rendered by the learned Division Bench of this Court dated 10.7.2018 passed in L.P.A. No. 499 of 2018 (Ram Bachan Ram vs. The State of Bihar & Ors.).

The learned counsel for the Respondent-State has not disputed the position, as is existing in law. Having regard to the facts and circumstances of the case and having considered the materials available on record, this Court finds that the show cause notice dated 11.12.2020, issued by the SubDivisional Officer, Rajauli, District-Nawada does not mention about any proposal for cancellation of the license of the petitioner, hence admittedly, no show cause notice has been issued to the petitioner, proposing cancellation of the license, as is contemplated under Rule 27(ii) of the Bihar Targeted

Patna High Court CWJC No.9141 of 2021(2) dt.04-02-2022 3/3 PDS (Control) Order, 2016. Thus the show cause notice dated 11.12.2020, issued by the SubDivisional Officer, Rajauli, District-Nawada is not only contrary to the provisions contained in clause27(ii) of the Bihar Targeted PDS Control Order, 2016 but also contrary to the law laid down by this Court in the case of Ram Bechan Ram (supra), hence, the impugned order dated 19.12.2020 suffers from material legal infirmity on account of the show cause notice dated 11.12.2020 being contrary to law. Consequently, the impugned order dated 19.12.2020, passed by the Sub-Divisional Officer, Rajauli, District-Nawada stands vitiated in the eyes of law, thus, is quashed, however, with liberty to the Sub-Divisional Officer, Rajauli, District-Nawada to proceed afresh, in accordance with law.

The writ petition stands allowed.

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