Tapeshwar Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18686 of 2018 ====================================================== Tapeshwar Sharma Son of Late Dhanushdhari Singh, Resident of VillageKormathu, Police Station-Main, Distirct-Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner, Magadh Division, Gaya.
2. The Distirct Magistrate, Gaya.
3. The Sub Divisional Officer, Gaya Sadar, Gaya.
4. The Block Supply Officer, Belaganj, Gaya.
5. That Marketing Officer, Belaganj, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2 For the Respondent/s :
Mr. S. Raza Ahmed,AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2018 The present writ petition has been filed for quashing the order dated 15.11.2017, passed by the learned SubDivisional Officer, Gaya Sadar, Gaya whereby and where under the license of the P.D.S. shop of the petitioner has been cancelled.
The short submission made by the learned counsel for the petitioner is that only three day's time has been granted to the petitioner for filing reply to the show-cause notice, which is grossly insufficient. Reference in this regard has been made to a judgment reported in 2013(1) PLJR 718 (Smt. Fulpati Devi vs. The State of Bihar & Ors.).
Having regard to the facts and circumstances of the
Patna High Court CWJC No.18686 of 2018(2) dt.07-12-2018 2/2 case, this Court finds that the three days' time granted to the petitioner to file reply is highly insufficient and amounts to breach of the principles of nature justice. Hence, the order dated 15.11.2017 passed by the learned Sub-Divisional Officer, Gaya Sadar, Gaya is quashed, however, with liberty to the SubDivisional Officer, Gaya Sadar, Gaya to proceed in the matter afresh in accordance with law.
The writ petition is allowed.
(Mohit Kumar Shah, J) S.Sb/- U