Patna High CourtCWJC/23105/2018allowed

Pramod Kumar Singh v. The State Of Bihar And ORS

2018-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23105 of 2018 ====================================================== Pramod Kumar Singh Son of Late Chaturbhuj Singh Resident of Village+P.O.-Belwar, P.S.-Belsar O.P.-(Vaishali), District-Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The Collector, Vaishali, District-Vaishali.

3. The Sub-Divisional Officer, Hajipur, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Labh For the Respondent/s :

Mr.Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 21-12-2018 The present writ petition has been filed for quashing the order dated 10.10.2018 passed by the Sub Divisional Officer, Hajipur whereby and whereunder the licence of the P.D.S. Shop of the petitioner has been cancelled.

The short point raised by the learned counsel for the petitioner is that the Sub Divisional Officer, Hajipur i.e. Respondent No.3 has proceeded to cancel the licence of the petitioner without supplying a copy of the inquiry 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 of this Court, reported in 2013(2) PLJR 706 [Brahmdeo Rai vs. The State of Bihar & Ors.].

Patna High Court CWJC No.23105 of 2018 dt.21-12-2018 2/2 Having regard to the facts and circumstances of the case, the order dated 10.10.2018 passed by the Sub Divisional Officer, Hajipur is quashed and the Sub Divisional Officer, Hajipur is granted liberty to proceed in the matter after supplying a copy of the inquiry report to the petitioner herein.

The writ petition is allowed.

(Mohit Kumar Shah, J) Tiwary/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A