Gurudeo Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12953 of 2014 =========================================================== Gurudeo Paswan, son of Anil Paswan, Resident of Village- Laxmipur, P.S.- Pirpainti, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Food and Civil Supplies Department, Government of Bihar, Patna

3. The Divisional Commissioner, Bhagalpur Division, Bhagalpur

4. The Collector, Bhagalpur

5. The Sub-Divisional Officer, Kahalgaon, District- Bhagalpur

6. The Block Supply officer, Kahalgaon, District- Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh,Adv For the Respondent/s : Mr. SC3- SYED ARSHAD ALAM =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-07-2018 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. 146 dated 17.01.2012 passed by the SubDivisional Officer, Kahalgaon and the appellate order dated 17.09.2013 in Misc. Supply Appeal Case No. 89 of 2011-12 passed by the Collectorcum-District Magistrate, Bhagalpur by which the licence of the petitioner's Fair Price shop bearing no. 07/2013 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 para 8 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. Such infirmity could not be cured in the appeal as well.

4. Learned counsel for the respondents appears and has been heard.

5. In the above view of the matter, this Court is satisfied that non-supply 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 dated 17.01.2012 (Annexure-3) and the appellate order dated 17.09.2013 (Annexure-4) are hereby quashed and the matter remanded to the Sub-Divisional Officer, Kahalgaon 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. Licence of the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 5.

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) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 27.07.2018 Transmission Date NA