Patna High CourtCWJC/14739/2018allowed

Om Nath Sah @ Om Nath Prasad v. The State Of Bihar And ORS

2018-11-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14739 of 2018 ====================================================== Om Nath Sah @ Om Nath Prasad, Son of Muran Prasad Sah, Resident of Village- Basopatti, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department of Bihar, Patna.

2. The Collector, Madhubani.

3. The District Supply Officer, Madhubani.

4. The Sub-Divisional Officer, Jainagar Madhubani.

5. The Block Supply Officer, Basopatti, Madhubani.

6. The Circle Officer, Basopatti, Madhubani.

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

For the Petitioner/s :

Mr. D.N. Tiwari, Adv.

For the Respondent/s :

Mr. S.Raza Ahmad - AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2018 The present writ petition has been filed for quashing the order dated 18.06.2018 passed by the Sub Divisional Officer, Jainagar, Madhubani whereby and whereunder the licence of the P.D.S. Shop of the petitioner has been cancelled. The short point raised by the learned counsel for the petitioner is that the Sub Divisional Officer, Jainagar, Madhubani i.e. Respondent No.4 has proceeded to cancel the licence of the petitioner without supplying a copy of the inquiry report, hence, the petitioner has been precluded from submitting his defence in an appropriate manner resulting in violation of principles of natural justice. Reference in this regard has been made to a judgment of the Division Bench reported in 2013(3)

Patna High Court CWJC No.14739 of 2018(3) dt.27-11-2018 2/2 PLJR 706.

Having regard to the facts and circumstances of the case, the order dated 30.06.2018 passed by the Sub Divisional Officer, Jainagar, Madhubani is quashed and the Sub Divisional Officer, Jainagar, Madhubani is granted liberty to proceed in the matter after supplying a copy of the inquiry report to the petitioner herein.

The writ petition is allowed.

(Mohit Kumar Shah, J) Tiwary/Rashid U