Ram Naresh Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11786 of 2017 =========================================================== Ram Naresh Singh Son of Late Kishun Singh, Resident of Village-Akhtiyarpur, P.S. Kurhani District-Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Food & Civil Supply Department Bihar, Patna.
2. Commissioner, Tirhut Division, Muzaffarpur
3. Collector, Muzaffarpur.
4. Sub-Divisional Magistrate, (West), Muzaffarpur
5. Block Supply Officer, Kurhani .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kishore Shahi, Adv For the Respondent/s : Mr. S.RAZA AHMAD-AAG5 Mr. Alok Ranjan, AC to AAG 5 =========================================================== 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 quashing the order contained in memo no. 65 dated 12.02.2009 passed by the Sub-Divisional Officer, West, Muzaffarpur, the appellate order dated 12.02.2013 in Supply Appeal No. 33/PDS-2008-09 passed by the District Magistrate, Muzaffarpur as also the revisional order dated 15.12.2014 passed by the Commissioner, Tirhut Division, Muzaffarpur by which licence of the petitioner's Fair Price shop has been cancelled 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 show cause notice was not served upon the petitioner and he was not given any opportunity of being heard or adducing evidence in that regard. A specific stand has been taken
Patna High Court CWJC No.11786 of 2017 dt.14-03-2018 in para 18 of the writ petition that the impugned order of cancellation of licence has been passed without serving show cause notice 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.
5. In the above view of the matter, this Court is satisfied that nonservice of the show cause notice to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 12.02.2009 as also the appellate order dated 12.02.2013 and the revisional order dated 15.12.2014 (Annexure-1 series) are hereby quashed and the matter remanded to the SubDivisional Officer, West, Muzaffarpur for taking decision afresh in the matter after serving show cause notice upon 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 non-service of show cause notice 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.
7. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 20.03.2018 Transmission Date NA