Raghubansh Prasaad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14873 of 2018 ====================================================== Raghubansh Prasaad Singh, S/o Late Deep Narayan Singh, Resident of Village-Gauspur @ Soharthi, P.S.-Jandaha, District-Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna.

2. The Collector, Vaishali at Hajipur.

3. The Sub Divisional Officer, Mahua.

4. The Block Supply Officer, Jandaha, Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. Arvind Ujjwal - Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2018 The petitioner has challenged the order passed by the Sub-Divisional Officer, Mahua dated 11.11.2016 on the ground that only three days' notice was granted to the petitioner to file reply to the show cause.

The learned counsel for the petitioner submits that the present case is squarely covered by a judgment reported in 2013(1) PLJR 718 [Smt. Fulpati Devi vs. The State of Bihar & Ors.] In view of the aforesaid, the order passed by the SubDivisional Officer, Mahua is quashed and the Sub-Divisional Officer, Mahua is directed to issue a fresh show cause notice giving sufficient time to the petitioner to file reply to the show

Patna High Court CWJC No.14873 of 2018 (2) dt.13-09-2018 2/2 cause and after seeking reply from the petitioner, the SubDivisional Officer, Mahua shall pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of receiving of the reply to the show cause. With the aforesaid direction, the writ petition is disposed of.

(Mohit Kumar Shah, J) BTiwary/- U