Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10031 of 2017 =========================================================== Ashok Kumar son of Sri Ydunandan Singh, Resident of Village- Baraini, Police Station- Bodh Gaya, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Sub- Divisional Officer, Sadar Gaya, District- Gaya.

4. The Block Supply Officer, Bodh Gaya, District- Gaya.

5. The Block Development Officer, Fatehpur, District- Gaya. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Binay Kumar, Advocate. For the Respondents : Mr. S. Raza Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 07.01.2017 contained in Memo No. 1206 passed by the Licensing Authority cum the Sub-Divisional Officer, Sadar Gaya, whereby the license No. 84/2007 of the petitioner granted under Public Distribution System Control Order, 2001 has been cancelled in very capricious manner and for direction upon the respondent no. 3 to continue allocation to the Public Distribution System Shop of the petitioner after declaring the cancellation order null and void.

3. Learned counsel for the petitioner makes a short

submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he 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 paragraph-7 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 has been relied upon in the impugned order.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of enquiry report has not been controverted, no counter affidavit has been filed till date.

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 07.01.2017 (Annexure-1) is quashed and the matter remanded to the Sub-Divisional Officer, Sadar Gaya, District- Gaya 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. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 3.

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

Uploading Date 19.02.2018 Transmission Date N.A.