Sheikh Niyazuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6480 of 2014 =========================================================== Sheikh Niyazuddin, S/O Jamizuddin, Resident of Village - Maradangi, P.S. - Azamnagar, District - Katihar .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Katihar

2. The Sub Divisional Officer, Barsoi, District - Katihar

3. The Block Development Officer, Azamnagar, District - Katihar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vijay Anand, Advocate For the Respondents : Mrs. Namrata Mishra, GA13 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order contained in memo no. 74 dated 22.03.2013 passed by the SubDivisional Officer, Barsoai, District Katihar by which licence of the petitioner's Fair Price shop bearing no. 11/85 has been cancelled and monthly allotment has been stopped; and further to restore the petitioner's licence.

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

Patna High Court CWJC No.6480 of 2014 dt.17-07-2018 2/3 heard or adducing evidence in that regard. A specific stand has been taken in paragraph 10 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 had 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 the enquiry report has not been controverted, as no counter affidavit has been filed till.

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 order contained in memo no. 74 dated 22.03.2013 (Annexure-1) is hereby quashed and the matter remanded to the SubDivisional Officer, Barsoai, District Katihar 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. The licence of the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 2.

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

Patna High Court CWJC No.6480 of 2014 dt.17-07-2018 3/3 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 19.07.2018 Transmission Date N.A.