Arbind Kumar @ Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16754 of 2021 ====================================================== Arbind Kumar @ Arbind Kumar Singh Son of Late Badri Singh, Resident of New Area, Ward No.7, Nawada, P.S./District-Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Dept.,Govt. of Bihar, Old Secretariat, Patna-800015. 2.

The District Magistrate, Nawada.

3.

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

The Block Supply Officer, Nawada Sadar, District-Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sidhendra Narayan Singh, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2021 The present writ petition has been filed for quashing the order dated 21.6.2021 passed by the SubDivisional Officer, Nawada Sadar whereby and where under the PDS shop license of the petitioner bearing license no. 13/2016 has been cancelled.

The learned counsel for the petitioner has raised a short issue for consideration, to the effect that while issuing the show cause notice dated 26.5.2021, the Sub-Divisional Officer, Nawada Sadar did not indicate about any proposal for cancellation of the license. Thus, no show cause notice was issued to the petitioner, proposing cancellation of the license, as is contemplated under Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016. The learned counsel for the petitioner has further submitted

Patna High Court CWJC No.16754 of 2021(2) dt.29-10-2021 2/3 that the present case is squarely covered by a judgment rendered by the learned Division Bench of this Court dated 10.7.2018 passed in L.P.A. No. 499 of 2018 (Ram Bachan Ram vs. The State of Bihar & Ors.).

The learned counsel for the Respondent-State, Sri Upendra Pratap Singh (AC to SC-4), has not disputed the position, as is existing in law.

Having regard to the facts and circumstances of the case and having considered the materials available on record, this Court finds that the show cause notice dated 26.5.2021, issued by the Sub-Divisional Officer, Nawada Sadar, does not mention about any proposal for cancellation of the license of the petitioner, hence admittedly, no show cause notice has been issued to the petitioner, proposing cancellation of the license, as is contemplated under Rule 27(ii) of the Bihar Targeted PDS (Control) Order, 2016. Thus the show cause notice dated 26.05.2021, issued by the Sub-Divisional Officer, Nawada Sadar, is not only contrary to the provisions contained in clause-27(ii) of the Bihar Targeted PDS Control Order, 2016 but also contrary to the law laid down by this Court in the case of Ram Bechan Ram (supra), hence, the impugned order dated 21.6.2021 suffers from material legal infirmity on account of the show cause notice dated 26.05.2021 being contrary to law. Consequently, the impugned order dated 21.6.2021, passed by the Sub-Divisional Officer,

Patna High Court CWJC No.16754 of 2021(2) dt.29-10-2021 3/3 Nawada Sadar, stands vitiated in the eyes of law, thus, is quashed, however, with liberty to the Sub-Divisional Officer, Nawada Sadar to proceed afresh, in accordance with law. The writ petition stands allowed.

(Mohit Kumar Shah, J) Tiwary/- U