Ramkali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7927 of 2020 ====================================================== Ramkali Devi wife of Late Ram Ayodhya Sah Resident of village- Lohda, Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra. ... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate, Saran at Chapra. 2.
The Sub- Divisional Officer, Sadar Chapra, District Saran at Chapra. 3.
The Block Supply Officer, Sadar Chapra, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr. Advocates Mr. Manoj Kumar Pandey, Advocate For the Respondent/s :
Mr.Gyan Shankar, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 09-10-2020 This matter has been taken up for hearing through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof. Learned counsel for the respondents states that they have no objection in this regard and the matter be taken up on merits in view of the stated urgency.
2. The present writ petition has been filed for quashing the order contained in memo no. 4105 dated 29.06.2020 passed by the Sub-Divisional Officer, Sadar, Chapra District Saran by which licence of the petitioner's Fair Price shop bearing no. 63/2016 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
Patna High Court CWJC No.7927 of 2020 dt.09-10-2020 2/3 submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and she 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 14 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.
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 29.06.2020 (Annexure-3) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Sadar, Chapra District Saran 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. 2.
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.
8. It is also made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made through email and that the petitioner shall be at liberty to request the concerned authority for hearing through video conference. To enable the same, the petitioner shall furnish her
Patna High Court CWJC No.7927 of 2020 dt.09-10-2020 3/3 mobile number and e-mail ID on the email address of learned Advocate General not later than by 14.10.2020 for onward transmission to the concerned authority.
9. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE - Uploading Date 09.10.2020 Transmission Date -