Ram Kishore Thakur v. The State Of Bihar And ORS

Patna High Court CWJC No.9289 of 2014 (2) dt.11-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9289 of 2014 ======================================================

1. RAM KISHORE THAKUR Son of resident of Village AND Panchayat - Baghari, Block - Sursand, P.S. Sursand, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna

2. The District Magistrate, Sitamarhi

3. The Sub - Divisional Officer, Pupri, Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate Mr. Kumar Kaushik, Advocate Mr. Murad Ashraf, Advocate For the Respondent/s : Mr. R.R. K Pandey, SC 29 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-09-2015 The petitioner prays for setting aside order dated 13.6.2013, passed by the SDO, Pupri, Sitamarhi canceling his PDS license on the ground that he was not served with the copy of the enquiry report before passing order as well as show cause does not contain the names of complaints of the consumers. Respondents have filed counter affidavit annexing the copy of the enquiry report.

I find substance in the submission of the petitioner that without a copy of the enquiry report and a copy of the complaint filed by the consumers, he will not be in a position to file his effective reply.

Patna High Court CWJC No.9289 of 2014 (2) dt.11-09-2015 In the result this writ application is allowed and the impugned order, dated 13.6.2013 passed by the SDO, Pupri, Sitamarhi is set aside with liberty to the respondents to proceed afresh after serving a copy of the complaint to the petitioner. (Samarendra Pratap Singh, J) KHAN/- U