Mo. Kaliya Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21856 of 2018 ====================================================== Mo. Kaliya Devi w/o Late Gyani Yadav, resident of village Dhanawan, Village Panchayat Jhikatiya, P.S. M.U. Bodh Gaya, District Gaya. ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Department of Food and Consumers Protection, Government of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Sub-Divisional Officer, Sadar, Gaya.

4. The Block Supply Officer, Bodh Gaya, Dist. Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar For the Respondent/s :

Mr. S.Raza Ahmad -Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2018 The petitioner has challenged the order passed by the Sub-Divisional Officer, Sadar Gaya, dated 07.01.2017 on the ground that 24 hours 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, Sadar Gaya is quashed and the SubDivisional Officer, Sadar Gaya is directed to issue a fresh show cause notice giving sufficient time to the petitioner to file reply to the show cause and after seeking reply from the petitioner, the

Patna High Court CWJC No.21856 of 2018(2) dt.30-11-2018 2/2 Sub-Divisional Officer, Sadar Gaya 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) tiwary/- U