Arjun Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9778 of 2021 ====================================================== Arjun Bhuiyan Son of Tulsi Bhuiyan Resident of village- Sobari, P.s.- Imamganj, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, patna 2.

District Magistrate, Gaya 3.

Sub Divisional Officer, Sherghati, Gaya 4.

District Supply Officer, Sherghati, Gaya 5.

Assistant District Supply Officer, Sherghati, Gaya 6.

Block Supply Officer, Imamganj, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-10-2021 The present writ petition has been filed for quashing the order dated 12.1.2021 whereby and whereunder the license of the PDS shop of the petitioner bearing license no. 31 of 2016 has been cancelled.

The short point raised by the petitioner is that though show cause notice dated 5.1.2021 was issued to the petitioner by the Sub-Divisional Officer, Sherghati, Gaya, but the inqury report was not supplied to the petitioner as has been specifically stated by the petitioner in his reply

Patna High Court CWJC No.9778 of 2021(2) dt.28-10-2021 2/3 dated 8.1.2021. It is further submitted that though the petitioner had specifically raised the issue of non-supply of the inquiry report in his show cause reply, but still the Sub-Divisional Officer, Sherghati, Gaya has neither supplied the copy of the inquiry report nor has addressed the said issue in the impugned order dated 12.1.2021, hence, the impugned order dated 12.1.2021 stands vitiated in the eyes of law.

Per contra, the learned counsel for the State, Sri Upendra Pratap Singh (AC to SC-4), has not disputed the position, as is existing in law. I have heard the learned counsel for the parties and have gone through the materials on record from which it is apparent that though show cause notice dated 5.1.2021 has been issued to the petitioner, but it appears that the copy of the inquiry report was not annexed therewith inasmuch as the petitioner in his show cause reply dated 8.1.2021 has categorically raised the issue regarding non-supply of the inquiry report, but the same has not been addressed by the Sub-

Patna High Court CWJC No.9778 of 2021(2) dt.28-10-2021 3/3 Divisional Officer, Sherghati, Gaya hence, admittedly, the petitioner has been denied adequate opportunity to furnish his wholesome defence, resulting in violation of the principles of natural justice, thus, the impugned order dated 12.1.2021 passed by the Sub-Divisional Officer, Sherghati Gaya, stands vitiated in the eyes of law, thus, the same is quashed, however, the matter is remanded back to the Sub-Divisional Officer, Sherghati, Gaya to proceed afresh, in accordance with law.

The writ petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U