Ashok Kumar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6329 of 2014 ====================================================== Ashok Kumar Prasad, son of Late Saryug Prasad, Resident of VillageSursand, P.S. Sursand, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The District Magistrate, Sitamarhi, District- Sitamarhi

4. The District Supply Officer, Sitamarhi, District- Sitamarhi

5. The Sub-Divisional Officer, Pupri, District- Sitamarhi

6. The Block Supply Officer, Sursand, District- Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr. Alok Ranjan, A.C. to G.A.-6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-05-2017 The present writ application has been filed for quashing the order dated 30.11.2013, contained in Memo No.742 (Annexure 4), whereby and whereunder the licence of the petitioner under the Public Distribution System has been cancelled.

Mr. N.K. Agrawal, learned Senior Counsel appearing on behalf of the petitioner submits that the impugned order, as contained in Annexure 4, is wholly illegal and arbitrary inasmuch as the enquiry was conducted behind the back of the petitioner and copy of the enquiry report was also

Patna High Court CWJC No.6329 of 2014 (2) dt.04-05-2017 2/2 not supplied to him. He further submits that the order having been in utter violation of the principles of natural justice stands vitiated and deserves to be set aside on that ground alone. Learned counsel for the State, however, submits that there is provision of appeal.

This Court, however, feels that statutory wrong has been occasioned. This Court would, after setting aside the order passed cancelling the licence of the petitioner, remand back the matter to the SDO, Pupari (Sitamarhi) for passing appropriate orders, in accordance with law, after giving a copy of the enquiry report to the petitioner and also affording him sufficient opportunity for placing his materials and giving him adequate hearing in the matter.

The writ application thus stands disposed of by quashing order dated 30.11.2013 (Annexure 4) and with the aforementioned direction to the SDO, Pupari (Sitamarhi). (Anjana Mishra, J) PNM U