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Patna High CourtCWJC/2011/2021allowed

Sakaldev Prasad Singh v. The State Of Bihar

2021-09-27Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2011 of 2021 ====================================================== Sakaldev Prasad Singh Son of Kewal Singh Resident of Village-Paterha Buzurg, P.S. and Distirct-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna. 2.

The Collector, Vaishali, District-Vaishali.

3.

The Sub-Divisional Officer, Hajipur, Distirct-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to Standing Counsel-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2021 The present writ petition has been filed for quashing the order dated 04.07.2020 passed by the Sub-Divisional Officer, Hajipur, whereby and whereunder the PDS license of the petitioner bearing License No. 32 of 2016 has been cancelled. The short point raised by the learned counsel for the petitioner is that a show cause notice dated 08.04.2020 was issued by the Sub-Divisional Officer, Hajipur, however, the same does not indicate any proposal regarding cancellation of license as is mandated under Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016. Thus, it is submitted that no show cause has been issued to the petitioner mentioning about the proposal of cancellation of license of the petitioner, thus the

Patna High Court CWJC No.2011 of 2021(2) dt.27-09-2021 2/3 show cause notice itself suffers from material illegality and is not in consonance with Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016. In this regard, the learned counsel for the petitioner has relied upon a judgment rendered by the learned Division Bench of this Court in the case of Ram Bechan Ram vs. The State of Bihar & Ors. reported in 2018(4) PLJR 516.

The learned counsel for the respondent-State Shri Upendra Pratap Singh, AC to Standing Counsel-4 has not disputed the position as is existing in law.

Having regard to the facts and circumstances of the case, this Court finds that the show cause notice dated 08.04.2020 issued by the Sub-Divisional Officer, Hajipur suffers from material illegality inasmuch as it is contrary to the provisions contained under Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016, since no proposal regarding cancellation of license has been mentioned in the said show cause notice dated 08.04.2020, resulting in the petitioner being precluded from submitting his defence, leading to violation of the principle of natural justice, hence the impugned order dated 04.07.2020 passed by the Sub-Divisional Officer, Hajipur, cancelling the license of the petitioner, stands vitiated in the eyes of law, thus

Patna High Court CWJC No.2011 of 2021(2) dt.27-09-2021 3/3 is quashed, however, the matter is remanded back to the Sub Divisional Officer, Hajipur to proceed afresh, in accordance with law.

The writ petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U