Murari Prasad Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19455 of 2018 ====================================================== Murari Prasad Sharma, S/o Late Umeshwar Prasad Sharma, Resident of Village Nehalpur, P.S.- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

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

2. The SDO, Sadar Gaya.

3. The Block Supply Officer, Belaganj, Gaya.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Anand For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-10-2018 The present writ petition has been filed for quashing the order dated 07.09.2018 passed by the Sub-Divisional Officer, Sadar Gaya whereby and where under the P.D.S. license of the shop of the petitioner has been cancelled.

The short issue raised by the learned counsel for the petitioner is that the petitioner was granted only three days' time for filing show cause reply which is by any stretch of imagination insufficient.

The learned counsel for the petitioner relies on a judgment reported in 2013(1) PLJR 718 wherein this Court has held that three days' time to reply to the show cause was clearly insufficient.

Patna High Court CWJC No.19455 of 2018 (2) dt.04-10-2018 2/2 In view of the aforesaid, the impugned order dated 07.09.2018 is quashed and the matter is remanded to the SubDivisional Officer, Sadar Gaya for fresh determination. The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U