Patna High CourtCWJC/20238/2018allowed

Munilal Ram @ Muni Ram v. The State Of Bihar And ORS

2018-11-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20238 of 2018 ====================================================== Munilal Ram @ Muni Ram, Son of Khelawan Ram, Resident of VillageParavaha, Panchayat- Baburwan, Block- Parihar, P.S.- Parihar, DistrictSitamarhi. .... .... Petitioner/s

Versus

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

2. The District Magistrate Sitamarhi, District- Sitamarhi.

3. The District Supply Officer, Sitamarhi, District- Sitamarhi.

4. The Sub Divisional Officer cum Licensing Authority, Sitamarhi Sadar, District- Sitamarhi.

5. The Block Supply Officer, Block- Parihar, District- Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra For the Respondent/s : Mr. Arvind Ujjwal -Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-11-2018 The present writ petition is filed for setting aside the order dated 07.06.2017 passed by the S.D.O., Sadar, Sitamarhi by which the petitioner's P.D.S. shop licence has been cancelled. The short submission made by the learned counsel for the petitioner is that only three days' 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 708 [Smt. Fulpati Devi vs. The State of Bihar & Ors.].

Having regard to the facts and circumstances of the 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 natural justice, hence, the order dated 07.06.2017 passed by respondent no. 4 is quashed, however, with

Patna High Court CWJC No.20238 of 2018 (2) dt.05-11-2018 2 /2 liberty to the respondent no. 4 to proceed afresh in accordance with law.

The writ petition is allowed.

(Mohit Kumar Shah, J) BTiwary/- U