Ful Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21580 of 2018 ====================================================== Ful Kumari Devi, W/o Nageshwar Rajjak, Resident of Village-Kadirganj, P.S.-Kadirganj, District-Nawada ... ... Petitioner/s
Versus
1. The State of Bihar through Secretary Food & Consumer Protection Department, Old Secretariat, Patna
2. The Collector, Nawada
3. The Sub-Divisional Officer, Sadar, Nawada
4. Additional District Supply Officer, Nawada ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand For the Respondent/s :
Mr. S.Raza Ahmad -Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2018 The present writ petition has been filed for quashing the order dated 13.08.2018 passed by the District Magistrate, Nawada as also the original order dated 31.08.2016 passed by the S.D.O., Sadar, Nawada whereby and whereunder the P.D.S. licence of the shop of the petitioner has been cancelled. The short issue raised by the petitioner is that while issuing show cause dated 01.08.2016, the proposed punishment of cancellation of licence was not mentioned, which is contrary to Rule 27(ii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 and the same has also precluded the petitioner from submitting her wholesome defence to the proposed punishment of cancellation of licence. It is, thus, submitted that in view of the aforesaid lacunas in the show
Patna High Court CWJC No.21580 of 2018(2) dt.07-12-2018 2/2 cause notice dated 01.08.2016, the order passed by the S.D.O., Sadar, Nawada as also the appellate order are bad in law. The learned counsel for the Respondents does not dispute the position, as existing in law.
Having regard to the facts and circumstances of the case, the impugned orders dated 13.08.2018 and 31.08.2016 are quashed. The writ petition is allowed.
It is needless to state that the Sub Divisional Officer, Sadar, Nawada shall be free to proceed afresh in accordance with law, if he so desires.
(Mohit Kumar Shah, J) ajay gupta/- U