Raj Kumar Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19534 of 2015 =========================================================== Raj Kumar Rai, S/o Late Chedi Rai R/o village - Sundar Sarai, P.S. Motipur, District - Muzaffarpur .... .... Petitioner
Versus
1. The State of Bihar through Secretary, Food & Civil Supply, Government of Bihar, Patna
2. The Sub - Divisional Officer, Muzaffarpur
3. The Block Supply Officer, Motipur .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Anujit Sinha, Advocate For the Respondents : Mr. P.K. Singh, SC 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-02-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.
2. The present writ petition has been filed for setting aside the order dated 25.08.2015 (Annexure-6) by which P.D.S. licence of the petitioner has been cancelled by the Sub-Divisional Officer, West Muzaffarpur (respondent no. 2).
3. Learned counsel for the petitioner makes a short submission to assail the impugned order of cancellation, to the effect that the same has been passed mechanically and without due application of mind and without assigning any reason for such
Patna High Court CWJC No.19534 of 2015 dt.06-02-2018 2/3 cancellation.
4. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed till date.
5. Having heard learned counsel for the parties and on careful consideration of the materials available on record, this Court finds merit in the writ petition. A bare perusal of the impugned order discloses that the petitioner's P.D.S. licence has been cancelled on the sole ground that the show cause reply filed by him was not satisfactory, without however assigning a single reason whatsoever as to why the same was not found satisfactory. There is no discussion in the order with regard to the plea raised by the petitioner in his show cause reply and why the same did not find favour with the authority. In such circumstances, therefore, it must be held that the impugned order does not amount to a speaking order and is thus violative of the principles of natural justice which cannot be sustained in law.
6. Accordingly, the impugned order contained in Memo No. 1184 dated 25.08.2015 (Annexure-6) passed by the Sub-Divisional Officer, West Muzaffarpur (Respondent No. 2) is hereby quashed and the matter is remanded to him to consider and dispose of the matter afresh by a speaking order after grant of opportunity of hearing to the petitioner in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 2.
Patna High Court CWJC No.19534 of 2015 dt.06-02-2018 3/3
7. The writ petition stands allowed as above. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 26.02.2018 Transmission Date N.A.