Rajendra Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.3310 of 2015 dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3310 of 2015 =========================================================== Rajendra Prasad S/o Late Kishore Sao R/o Village- Harnaut, P.S.- Harnaut, District- Biharshariff (Nalanda).

.... .... Petitioner

Versus

1. The State of Bihar through Secretary, Food and Civil Supply Department, Govt, of Bihar, Patna.

2. The District Magistrate, Biharshariff (Nalanda)

3. The Sub Divisional Officer, Biharshariff (Nalanda) .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anujit Sinha, Advocate. For the Respondents : Mr. Rajesh Singh, GP-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-01-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The writ petition has been filed for setting aside the order dated 26.07.2014 passed by learned District Magistrate, Nalanda in Supply Case No. 54/2006 by which the learned District Magistrate was pleased to dismissed the appeal preferred by the petitioner challenging the order dated 02.06.2006 by which the Sub-Divisional Officer, Biharsharif was pleased to cancel the license of the petitioner to carry on trade as an P.D.S. dealer.

3. It is submitted that the impugned order of cancellation of the petitioner's PDS licence has been passed without a show cause in that regard and the only other show cause issued was for the purpose of suspension of the petitioner's licence. It is therefore submitted that the impugned action has been taken without confronting the petitioner with regard to proposed cancellation of the licence. Reliance is placed on the decisions of this Court rendered in Bhola Prasad Yadav vs. The State of Bihar & others, 2010(3) PLJR 825 and also in Parsauni Khirodhar Primary Agriculture Co-operative Society Ltd. & others vs. The State of Bihar and others, 2015(3) PLJR 189.

4. Learned counsel for the respondents relies on the counter affidavit to oppose the writ petition. However, he is unable to

Patna High Court CWJC No.3310 of 2015 dt.12-01-2018 controvert the stand of the petitioner that no show cause for proposed cancellation of the licence was issued.

5. Having heard the parties and on a consideration of the materials on record, this Court finds merit in the writ petition. It is not in dispute that the show cause was issued only with regard to suspension of the petitioner's licence and no further show cause was issued proposing cancellation of the PDS licence. The impugned order of cancellation cannot therefore be said to be founded upon a show cause for proposed cancellation which vitiates the decision making process as being violative of the principles of natural justice. Moreover, the show cause notice, in not indicating the proposed cancellation of the licence, also failed to fulfill the mandatory requirement in terms of Clause 7(ii) of the Bihar Fair Price Shop Order, 2007 as held in Parsauni Khirodhar Primary Agriculture Co-operative Society Ltd. & Ors. vs. The State of Bihar and others, 2015 (3) PLJR 189.

6. The impugned order dated 26.07.2014 (Annexure-5) is accordingly quashed. The writ petition stands allowed.

7. It is made clear however that the respondents shall be at liberty to take fresh steps in the matter after issuance of fresh show cause notice and in accordance with law, if so advised.

8. In the meantime, supplies to the petitioner shall be restored without delay until fresh orders are passed by the Respondent no. 3.

Md. Ibrarul/- (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.01.2018 Transmission Date N.A.