Patna High CourtCWJC/24251/2013allowed

Manoj Paswan v. The State Of Bihar And ORS

2015-09-15Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.24251 of 2013 (2) dt.15-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24251 of 2013 ======================================================

1. Manoj Paswan Son Of Late Ram Singhashan Paswan Resident Of Village - Sursand North, Ward No. 8, P.S. Sursand, District - Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna

2. The Secretary, Department Of Food And Civil Supplies, Government Of Bihar, Patna

3. The District Magistrate, Sitamarhi, District - Sitamarhi

4. The Senior Deputy Collector, Sitamarhi, District - Sitamarhi

5. The Sub-Divisional Officer, Pupri, District - Sitamarhi

6. The Block Supply Officer, Sursand, District - Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Pushpendra Kumar Singh, Advocate For the Respondent/s : Mr. Siddharth Shankar Pandey, AC to GP 24 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-09-2015 The petitioner seeks quashing of the order dated 13.6.2013 passed by the Sub-Divisional Officer, Pupri cancelling his PDS licence on the ground that he was not served with a copy of the enquiry report before passing the impugned order as the show cause does not contain the name of the complainant. A counter affidavit has been filed on behalf of the respondents annexing a copy of the enquiry report. Having considered the facts and circumstances of the case, this writ application is allowed and the impugned order dated 13.6.2013 passed by the Sub-Divisional Officer, Pupri is set aside.

Patna High Court CWJC No.24251 of 2013 (2) dt.15-09-2015 Now that the petitioner is in know-how of the enquiry report, he would submit a fresh show cause reply within four weeks from today before the S.D.O. Pupri who would proceed to decide the matter afresh in accordance with law. As directed earlier by the S.D.O., Pupri, the petitioner would also produce the relevant register. There would be no resumption of supply till adjudication of the matter by the Sub-Divisional Officer, Pupri. (Samarendra Pratap Singh, J) KHAN/- U