Sri Narayan Thakur v. The State Of Bihar And ORS

Patna High Court CWJC No.20470 of 2013 (2) dt.31-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20470 of 2013 ====================================================== Sri Narayan Thakur Son Of Sri Hardev Thakur Resident Of VillageBirrack, Via- Sursand, P.S.- Sursand, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar, Through Its Secretary, Food And Civil Supply Department, Government 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 & M.Ashraf, Advocates For the Respondent/s : Mr. USS Singh, GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 31-08-2015 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 enquiry report.

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

The writ petition is allowed and the impugned order is set aside with liberty to the respondents to proceed afresh after

Patna High Court CWJC No.20470 of 2013 (2) dt.31-08-2015 serving copy of the complaints of the consumers to the petitioner. The petitioner is in receipt of the enquiry report appended with the counter affidavit.

(Samarendra Pratap Singh, J) Shashi.

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