Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1625 of 2018 ====================================================== Vijay Kumar, S/o Late Shiv Kumar Sao, resident of Village- Paharpur Bazar, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Food & Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate, Gaya.

3. The SDO, Sadar Gaya.

4. The Block Supply Officer, Fatehpur, Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2018 The present writ petition has been filed challenging the order dated 10.11.2017 passed by S.D.O., Sadar, Gaya on the ground that the petitioner was granted only three days' time for filing the show cause reply which is grossly insufficient. This Court finds that the grant of three days' time for filing the show cause reply is insufficient, hence in an equitable jurisdiction under Article 226 of the Constitution of India, it would be appropriate to quash the impugned order dated 10.11.2017 and grant liberty to the S.D.O., Sadar, Gaya to consider the matter afresh and pass a reasoned order.

It is needless to state that S.D.O., Sadar, Gaya shall issue a fresh show cause notice to the petitioner and give ample

Patna High Court CWJC No.1625 of 2018 (2) dt.17-09-2018 2/2 opportunity to the petitioner to defend his case and thereafter would pass the final order.

The present writ petition is disposed off.

(Mohit Kumar Shah, J) S.Sb/- U