Rajballabh Sharma v. The State Of Bihar And ORS

Patna High Court CWJC No.6194 of 2013 (3) dt.11-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6194 of 2013 ======================================================

1. Rajballabh Sharma S/O Late Parsidh Singh R/O Chainpur, Belaganj, P.S. Belaganj, District- Gaya .... .... Petitioner

Versus

1. The State Of Bihar Through The Secretary Food And Civil Supply, Patna

2. The Collector, Gaya

3. The Sub-Divisional Officer, Sadar, Gaya

4. The Block Supply Officer, Belganj Block, District- Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwari, Advocate For the Respondent/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 11-08-2015 The petitioner was holding Public Distribution License under Gram Panchayat Lodipur. His licence was cancelled by order, dated 28.2.2012 issued by the S.D.O., Sadar, Gaya which was affirmed by the Appellate authority vide order dated 15.12.2012.

The petitioner submits that the Block Supply Officer after inspection of the shop of the petitioner submitted its report to the S.D.O., Sadar, Gaya. On the basis of the report, the show cause notice was issued to the petitioner without annexing the inspection report. The petitioner submits that no inspection report has been provided to him despite request.

In my view, non-supply of statements of the beneficiaries

Patna High Court CWJC No.6194 of 2013 (3) dt.11-08-2015 along with the show cause deprived the petitioner from making effective reply.

In the result, the impugned order passed by the licensing authority as well as Appellate authority are set aside on that score alone. This writ application is allowed.

(Samarendra Pratap Singh, J) KHAN/- U