Ram Lal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13857 of 2017 =========================================================== Ram Lal Singh, S/o Late Palat Singh, Resident of Mirjanagar, P.S. Mahuwa, District - Vaishali.

.... .... Petitioner

Versus

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

2. The Collector, Vaishali.

3. The Sub Divisional Officer, Mahuwa, Vaishali.

4. The Block Supply Officer, Mahuwa, Vaishali. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate For the Respondents : Mr. Sanjay Kr. Giri, GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-05-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ application has been filed for setting aside the order contained in memo no. 103 dated 11.02.2017 by which the license granted under the provisions of PDS Order 2016 for carrying on business of Fair Price Shop has been cancelled and also for quashing the order dated 25.04.2017 passed the learned Collector Vaishali in Case No. R-304 of 2016-17 by which the statutory appeal filed on behalf of the petitioner has been rejected; and for further direction to the respondents to restore the license.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of

Patna High Court CWJC No.13857 of 2017 dt.09-05-2018 2/3 the second enquiry report dated 06.01.2017 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 4 of the supplementary affidavit that the impugned order of cancellation of licence has been passed without providing a copy of the second enquiry report to the petitioner, though the same had been relied upon in the impugned order. Such infirmity could not be cured in the appeal as well.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of the second enquiry report has not been controverted, as 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 second enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The appellate order dated 25.04.2017 passed by the Collector, Vaishali in Case No. R-304 of 2016-17 (Annexure-4) and the impugned order contained in Memo No. 103 dated 11.02.2017 (Annexure-3) are hereby quashed and the matter remanded to the SubDivisional Officer, Mahuwa, District Vaishali for taking decision afresh in the matter after supplying a copy of the second 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

Patna High Court CWJC No.13857 of 2017 dt.09-05-2018 3/3 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 second 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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.05.2018 Transmission Date N.A.