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Patna High CourtCWJC/14167/2012disposed

Rajeshwar Singh v. The State Of Bihar And ORS

2015-08-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14167 of 2012 ====================================================== Rajeshwar Singh, S/o Late Ram Balak Singh, Resident of Village - Budhaul, P.S. - Fatehpur, District - Gaya .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food & Supply Department, Secretariat, Patna

2. The Secretary, Food & Supply Department, Secretariat, Patna

3. The District Magistrate, Gaya

4. The Sub-Divisional Magistrate, Gaya

5. The District Supply Officer, Gaya

6. Block Supply Officer, Fatehpur, District - Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the Respondent/s : Mr. M. D. Dwivedi, SC-23 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-08-2015 The petitioner prays for quashing the order dated 09.05.2012 passed by the Sub-Divisional Officer, Sadar, Gaya cancelling his Public Distribution System license.

2. The petitioner has challenged the order on two grounds. Firstly; he was given only three days time to file showcause, and secondly; the copy of the enquiry report was not given to him, which was imperative in view of the order dated 28.03.2006 passed in C.W.J.C. No. 10187 of 2004 (Sheojee Chaudhary Vrs. The State of Bihar & Ors).

3. Counsel for the State submits that the gist of the allegations was mentioned in the impugned order.

4. In my view, the time period of three days granted

Patna High Court CWJC No.14167 of 2012 (2) dt.04-08-2015 2 / 2 for filing show-cause reply was insufficient as it deprived the petitioner of an adequate opportunity to present his case in absence of enquiry report. The impugned order dated 09.05.2012 is accordingly set aside and the matter is remitted to the SubDivisional Officer, Sadar, Gaya for fresh consideration. The petitioner would file his show-cause reply within six weeks form today along with a copy of this order. The licensing authority would then dispose of the matter within a period of three months.

5. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U