Manorama Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16109 of 2017 ====================================================== Manorama Devi W/o Anil Kumar Singh Resident of Village - Domdih, Panchayat - Kabirpur, P.S. - Mairwa, District - Siwan. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Saran at Chapra. 3.

The District Magistrate-cum-Collector, Siwan. 4.

The Sub-Divisional Officer, Sadar Siwan.

5.

The Block Supply Officer, Mairwa, Siwan.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Saket Tiwary, Adv.

For the Respondent/s :

Mr.S.Raza Ahmad -Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2019 Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

Petitioner is aggrieved by order dated 03.09.2015 and appellate order dated 15.07.2016 contained in Annexure-6 & 7. Mr. N.K. Agrawal, counsel appearing for the petitioner submits that the order canceling the PDS license of the petitioner was passed by the SDO, Sadar, Siwan without opportunity of hearing as only on the basis of the complaint the action was taken and petitioner was not issued any show-cause, the matter was taken to the appellate forum and the District Magistrate exercising appellate power dismissed the appeal.

Patna High Court CWJC No.16109 of 2017(2) dt.21-12-2019 2/2 Considering the fact that the action was taken adverse to the interest of the petitioner only on the complaint and no opportunity of hearing was provided to the petitioner, the writ petition is allowed, the order dated 03.09.2015 and order dated 15.07.2016 contained in Annexure-6 & 7 are hereby quashed. The matter is remitted back to the SDO, Sadar, Siwan to provide opportunity of hearing the petitioner and pass appropriate fresh order in accordance with law. With the aforesaid, the writ petition is disposed of. (Anil Kumar Upadhyay, J) Prakash Narayan /- U