Ram Nath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7919 of 2017 =========================================================== Ram Nath Singh S/o Late Sheo Dhyan Singh, R/o Mohardi Chak, P.S.- Bihta, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar through Secretary, Food & Civil Supply Department, Govt. of Bihar, Patna.

2. The District Magistrate, Patna.

3. The Additional District Magistrate, Supply, Patna.

4. The Sub Divisional Officer, Danapur.

5. The Block Supply Officer, Bihta.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anujit Sinha, Advocate For the Respondents : Mr. Upendra Pratap Singh, AC to SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order dated 25.02.2017 contained in memo no. 236 by which licence of the petitioner bearing Licence No. 78/2007 to carry on trade as a PDS dealer has been cancelled by the Sub Divisional Officer, Danapur; and monthly allotment has been stopped; and further to restore the petitioner's licence.

3. 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

Patna High Court CWJC No.7919 of 2017 dt.14-03-2018 2/3 adducing evidence in that regard. A specific stand has been taken in paragraph 15 of the writ petition 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.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of the enquiry report has not been controverted, as no counter affidavit has been filed till date.

5. 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 25.02.2017 contained in memo no. 236 (Annexure-4) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Danapur District Patna 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. 4.

6. 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.

Patna High Court CWJC No.7919 of 2017 dt.14-03-2018 3/3

7. The writ petition stands allowed as above. BT/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.03.2018 Transmission Date N.A.