Shiv Narayan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12025 of 2017 =========================================================== Shiv Narayan Singh S/o Late Ram Bilash Singh, Resident of VillagePitambarpur Naima, Block- Modanganj, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar through Secretary Department of Food and Consumer Protection, Patna.
2. The Commissioner, Magadh Division, Gaya.
3. The District Magistrate, Jehanabad.
4. The Sub- Divisional Officer Sadar, Jehanabad.
5. The District Supply Officer, Jehanabad.
6. The Block Supply Officer, Modanganj, Gaya. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Tapeshwar Sharma For the Respondent/s : Mr. S.RAZA AHMAD -AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-07-2018 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. IV-121/2010-1408 dated 12.09.2014 passed by the Sub-Divisional Officer, Jehanabad, the appellate order dated 06.02.2016 in Supply Appeal No. 34/DM/2014 passed by the District Magistrate, Jehanabad as also the revisional order dated 14/17.06.2017 in Supply Revision No. 109/2017 passed by the Divisional Commissioner, Magadh Division, Gaya by which the licence of the petitioner's Fair Price
shop bearing no. 36/2007 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 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 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. Such infirmity could not be cured in the appeal as well as in the revision.
4. Learned counsel for the respondents appears and has been heard.
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 12.09.2014 (Annexure-3), the appellate order dated 06.02.2016 (Annexure-7) and the revisional order dated 14/17.06.2017 (Annexure-9) are hereby quashed and the matter remanded to the Sub-Divisional Officer, Jehanabad 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.
7. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2018 Transmission Date NA