Thakur Prasad Keshri v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22323 of 2018 ====================================================== Thakur Prasad Keshri, S/o Late Bhubneshwar Keshri, resident of VillageNawada, P.S.- Chandramandih, District- Nawada. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.
2. The District Magistrate, Jamui.
3. The Sub Divisional Officer, Jamui.
4. The Block Supply Officer, Chakai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anujit Sinha For the Respondent/s :
Mr.Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2018 The present writ petition has been filed for quashing the order dated 03.11.2018 passed by the Sub-Divisional Officer, Jamui, whereby and whereunder the P.D.S. license of the shop of the petitioner has been cancelled. The short point raised by the learned counsel for the petitioner is that the Sub-Divisional Officer, Jamui i.e. the respondent no. 3 has proceeded to cancel the licence of the petitioner without supplying a copy of the enquiry report, hence, the petitioner has been precluded from submitting his defence in an appropriate manner resulting in violation of the principles of natural justice. Reference in this regard has been made to a judgment of a co-ordinate Bench of this Court, reported in 2013(2) PLJR 706 (Brahmdeo Rai vs. The State of Bihar &
Patna High Court CWJC No.22323 of 2018(2) dt.21-12-2018 2/2 Ors.).
Having regard to the facts and circumstances of the case, the order dated 03.11.2018 passed by the Sub-Divisional Officer, Jamui is quashed and the Sub-Divisional Officer, Jamui is granted liberty to proceed in the matter afresh after supplying a copy of the enquiry report to the petitioner herein. (Mohit Kumar Shah, J) S.Sb/- U