Kishori Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17919 of 2016 =========================================================== Kishori Bhagat Son of Late Khudran Bhagat resident of village - Pansalwa, Dumri Panchayat, Block - Beldaur, P.S. Beldaur, District - Khagaria (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Home Ministry, Government of Bihar

2. District Magistrate, Khagaria

3. Sub Divisional Officer, Gogri

4. Block Development officer Cum Block Supply Officer, Beldaur, Khagaria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund, Adv For the Respondent/s : Mr. ARVIND UJJWAL- SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. As prayed, learned counsel for the petitioner is permitted to make necessary correction in the array of parties in respect of respondent no. 3 to read as "Sub Divisional Officer, Gogri" in place of "Sub Divisional Officer, Khagaria",in course of the day.

3. The present writ petition has been filed for quashing the order contained in memo no. 1340 dated 05.09.2016 passed by the SubDivisional Officer, Gogri by which licence of the petitioner's Fair Price shop bearing no. 64B/2007 has been cancelled and monthly allotment has been stopped; and further to restore the petitioner's licence.

4. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he was never confronted with the same with an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in para 1 of the

Patna High Court CWJC No.17919 of 2016 dt.19-02-2018 supplementary affidavit that the impugned order of cancellation of licence has been passed without providing a copy of the enquiry report to the petitioner, though the same had been relied upon in the impugned order.

5. Learned counsel for the respondents appears and has been heard.

6. In the above view of the matter, this Court is satisfied that non-supply of the enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 05.09.2016 (Annexure-1) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Gogri for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting an opportunity of hearing in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 3.

7. It is made clear that in case the stand of the petitioner denying receipt of the enquiry report prior to order of cancellation being passed is found to be incorrect, the respondents shall be at liberty to approach this Court for recall of this judgment.

8. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 24.02.2018 Transmission Date NA