Bijendra Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.17945 of 2014 dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17945 of 2014 =========================================================== Bijendra Kumar Son of Sri Laxmi Prasad, Resident of Village - Budhdeochak, P.O. and P.S. - Fatuha, District- Patna.

.... .... Petitioner

Versus

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

2. The Collector, Patna, District- Patna.

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

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate. For the Respondents : Mr. Harish Kumar, GP-32 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-04-2018 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. 518 dated 09.08.2014 passed by the SubDivisional Officer, Patna City by which licence of the petitioner's P.D.S. Shop bearing no. 105/2007 has been cancelled; 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 show cause notice was not served upon the petitioner and he was not given any opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in para 9 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.

4. Learned counsel for the respondents appears and has been

Patna High Court CWJC No.17945 of 2014 dt.17-04-2018 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 09.08.2014 (Annexure-1) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Patna City, Patna 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. 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 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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24.04.2018 Transmission Date N.A.