Uday Pratap Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17515 of 2018 ====================================================== Uday Pratap Singh S/o Late Dinesh Prasad Singh, Resident of Chauram, P.S. Daudnagar, District - Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Food & Consumer Protection Department, Bihar, Patna.

2.

The Collector, Aurangabad.

3.

The Sub-Divisional Officer, Daudnagar, Aurangabad. 4.

The Block Supply Officer, Daudnagar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr, Advocate with Mr. Dhananjaya Nath Tiwari, Advocate.

Mr. Kumar Rajdeep, Advocate.

For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 with Mr. Maruth Nath Roy, AC to SC-7.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-11-2023 Heard learned counsel for the parties.

2. The present Writ Petition has been filled for the following reliefs:- "......... for the issuance of appropriate writ/writs, order/orders, directions to the respondents concerned, and for quashing the suspension order contained in memo no. 07 dated 16.06.2017 and also for quashing the order contained in Memo No. 48 dated 05.09.2017 passed by the Learned SubDivisional Officer, Daudnagar, Aurangabad by which the PDS License of the petitioner being license no. 07/D/1990 has been cancelled and further for quashing the

2/5 appellate order dated 23.07.2018 passed by the learned Collector-cum-District Magistrate, Aurangabad by which he was pleased to dismiss the appeal and further be pleased to restore the license and supply of the petitioner."

3. Learned counsel appearing on behalf of the petitioner has stated that in the Show Cause Notice issued by the Sub-Divisional Officer there is no proposal for cancellation of the license. Learned counsel has stated that non-mentioning of the proposal for cancelling his license is contrary to the provisions of order 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as 'the Order, 2016').

4. Learned counsel for the petitioner has relied on the judgment of the full Bench passed in CWJC No.21202 of 2021 and analogous cases dated 26.09.2023 to buttress his contention that non-mentioning of the proposed action in the show-cause notice is bad in law and contrary to Rule 27(ii) of the Control Order, 2016.

5. Learned counsel has stated in view of the above mentioned provisions of law and judgment relied by the petitioner, the impugned order may be set aside and matter remanded back to the authorities concerned for issuing a fresh

3/5 show-cause notice in terms of order 27(ii) of the Control Order, 2016 and thereafter take necessary action.

6. Per contra, the learned counsel appearing on behalf of the respondents has vehemently opposed the very maintainability of the writ petition and stated that the present writ petition is not maintainable as the petitioner has exhausted all the remedies and all the authorities have found that the petitioner has violated the provisions of the Control Order, 2016. Learned counsel has therefore prayed this Hon'ble Court to dismiss the present writ petition.

7. This Hon'ble Court in CWJC No.21202 of 2021 and analogous cases has held as under:

"19. Accordingly, we answer the reference as under:- It is mandatory for a licensing authority issuing a notice under order 27(ii) to a license to mention that there is a proposal for cancellation of his license, failing which such notice cannot be treated to be a valid notice of giving sufficient opportunity to the licensee to state his case under order 27(ii) of the BTPDS Control Order. "

8. A perusal of the show-cause notice issued to the petitioner does not reveal that there is any proposal of the action sought to be taken against the petitioner. Therefore, the same has to hld as bad, illegal, contrary to the provisions of Rule

4/5 27(ii) of the Control Order and has to necessarily set aside.

9. Having regard to the above facts and circumstances and the law laid down by this Hon'ble Court, the present CWJC is allowed. The impugned order passed by the Appellate Authority contained in PDS Appeal No. 36 of 2017 dated 23.07.2018, the order passed by the Sub-Divisional Officer, Daudnagar, Aurangabad contained in Memo No. 07 dated 16.06.2017 and the order passed by the Sub-Divisional Magistrate, Daudnagar, Aurangabad contained in Memo No. 48 dated 05.09.2017 are set aside.

10. The matter is remanded back to the Licensing Authority i.e. Sub-Divisional Officer for issuing a fresh showcause notice to the petitioner strictly in compliance with the provisions of Rule 27(ii) of the Control Order, 2016 and call for his explanation by giving him reasonable time.

11. On such show-cause notice being served, the petitioner shall file his explanation within the stipulated time. On receipt of the explanation submitted by the petitioner the authority concerned shall pass a reasoned order strictly in accordance with law duly taking into consideration the explanation submitted by the petitioner.

12. It is needless to mention that before passing any

5/5 orders, the petitioner shall be given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. Any order passed shall be communicated to the petitioner.

13. With the above directions, this Writ Petition is allowed to the extent indicated above.

(A. Abhishek Reddy , J) shakir/- U