Arjun Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16620 of 2021 ====================================================== Arjun Prasad Gupta S/o Late Kali Prasad Gupta, Resident of VillageFatehpur, P.S.- Fatehpur, District - Gaya. ... ... Petitioner/s

Versus

1.

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

The Collector -cum- District Magistrate, Gaya. 3.

The Sub Divisional Officer, Sadar Gaya, District - Gaya. 4.

The Block Supply Officer, Fatehpur, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr.S Raza Ahmad ( Aag5 ) :

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-10-2021 Heard the learned counsel for the petitioner and Sri Alok Ranjan, learned AC to AAG 5 appearing for the State. The present writ petition has been filed for quashing the order dated 19.08.2021, passed by the Sub Divisional Officer, Sadar, Gaya, whereby and whereunder the licence of the P.D.S. shop of the petitioner bearing Licence no. 89 of 2016 has been cancelled.

The short point raised by the learned counsel for the petitioner for assailing the impugned order dated 19.08.2021 is that S.D.O. Sadar, Gaya has not applied his independent mind, inasmuch as after the petitioner had submitted his show cause reply, the same along with the evidence on record was sent to

Patna High Court CWJC No.16620 of 2021(2) dt.28-10-2021 2/3 the Assistant District Supply Officer, Sadar, Gaya fur furnishing his opinion, whereupon the A.D.S.O., Sadar, Gaya had submitted his opinion vide letter dated 14.07.2021 and solely on the basis of the said opinion, the impugned order dated 19.08.2021 has been passed cancelling the P.D.S. license of the shop of the petitioner. Thus, it is submitted that the order dated 19.08.2021 is not sustainable in the eyes of law. Per contra, the learned counsel for the respondent State has not disputed the position, as is existing in law. Having regard to the facts and circumstances of the case and having considered the submissions advanced by the learned counsel for the parties, this Court finds that the impugned order dated 19.08.

2021 has been passed solely on the basis of the opinion submitted by the Assistant District Supply Officer, Sadar, Gaya, which in fact was never supplied to the petitioner to enable him to submit his wholesome defense and moreover, the impugned order dated 19.08.2021 does not depict any application of mind by the Licensing Authority, hence the order dated 19.08.2021, passed by the Sub Divisional Officer, Sadar, Gaya stands vitiated in the eyes of law, as such, the same is quashed.

Patna High Court CWJC No.16620 of 2021(2) dt.28-10-2021 3/3 accordance with law.

The writ petition stands allowed.

(Mohit Kumar Shah, J) rinkee/- U