Vibha Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.14705 of 2017 dt.22-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14705 of 2017 =========================================================== Vibha Devi W/o Shri Nawal Kishor, Resident of Mohan Chak, P.S. - Bikram, District - Patna.

.... .... Petitioner

Versus

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

2. The District Magistrate, Patna.

3. The Sub Divisional Officer, Paliganj, P.S. Paliganj, District - Patna.

4. The Block Supply Officer, Bikram, P.S. - Bikram, District - Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dineshwar Mishra, Advocate. For the Respondents : Mr. S. Raza Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-02-2018 The present writ petition has been filed for a direction to the respondents to restore the license of the petitioner who is a P.D.S. dealer as well as to quash the order dated 04.09.2017 issued by the respondent no. 3 whereby the license of the petitioner has been cancelled..

2. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that show cause notice was not served upon the petitioner and she was not given any opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in para-5 of the writ petition that the impugned order of cancellation of licence has been passed without serving show cause notice to the petitioner, though the same had been relied upon in the impugned order.

3. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-service of

Patna High Court CWJC No.14705 of 2017 dt.22-02-2018 the show cause notice has not been controverted in the counter affidavit filed on behalf of the respondents.

4. In the above view of the matter, this Court is satisfied that non-service of the show cause notice to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 04.09.2017 (Annexure-3) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Paliganj, District- Patna for taking decision afresh in the matter after serving show cause notice upon 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.

5. It is made clear that in case the stand of the petitioner denying non-service of show cause notice 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.

6. The writ petition stands allowed as above. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.02.2018 Transmission Date N.A