Rajendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15863 of 2013 ====================================================== Rajendra Prasad, Son of Ramrup Prasad, Resident of Village- Rajopur, P.S.- Chewara, District- Sheikhpura .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate Cum Collector, Sheikhpura

3. The Sub-Divisional Officer, Sub-Division- Sheikhpura, DistrictSheikhpura

4. The Block Supply Officer Block- Chewara, District- Sheikhpura .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sushmita Mishra, Advocate For the Respondent/s : Mr. Vinay Kriti Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner is a P.D.S. licensee, bearing license no. 01/92, under Chwara Block in the district of Sheikhpura. The petitioner seeks quashing of the order dated 12.07.2013 passed by District Magistrate, Sheikhpura in P.D.S. Appeal No. 5/13-14 affirming the order of cancellation of license dated 30.03.2013 passed by the Sub-Divisional Officer, Sheikhpura.

The petitioner submits that it would appear from the show-cause that a number of consumers made complaint against the petitioner with respect to distribution of various items. The

Patna High Court CWJC No.15863 of 2013 (3) dt.11-09-2015 2 / 2 petitioner submits that he has been prejudiced by non-supply of enquiry report from making effective reply.

In view of the allegations contained in the enquiry report, I am of the view that the enquiry report ought to have been supplied to the petitioner. In the result, the impugned orders are set aside and the matter is remitted to the licensing authority to proceed afresh after supply of a copy of the enquiry report. This application stands allowed.

(Samarendra Pratap Singh, J.) Uday/- U