Shankar Sah @ Shankar Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16116 of 2014 =========================================================== Shankar Sah @ Shankar Prasad Sah Son of Late Changuri Sah, Resident of village- Mirzapur, P.S.- Shambhuganj, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Bhagalpur Division, Bhagalpur

3. The Collector, Banka

4. The Sub-Divisional Officer, Banka

5. Block Supply Officer, Shambhuganj, Banka

6. Assistant District Supply Officer, Banka .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv For the Respondent/s : Mr. GP13- NASIM YAHYA =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order contained in memo no. 536 dated 20.04.2012 passed by the SubDivisional Officer, Banka, the appellate order dated 02.03.2013 in Appeal No. 18/2012-13 passed by the Collector-cum-District Magistrate, Banka and the revisional order dated 27.12.2013 in Banka Misc. (P.D.S.) Revision Case No. 109/2013-14 passed by the Commissioner, Bhagalpur Division, Bhagalpur by which the licence of the petitioner's Fair Price shop bearing no. 28/84 has been cancelled and monthly allotment has been stopped;

Patna High Court CWJC No.16116 of 2014 dt.24-07-2018 and further to restore the petitioner's licence.

3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that a copy of the enquiry report was not made available to the petitioner and he was never confronted with the same with an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in para 3 of the supplementary affidavit that the impugned order of cancellation of licence has been passed without providing a copy of the enquiry report to the petitioner, though the same had been relied upon in the impugned order. Such infirmity could not be cured in the appeal and in revision as well.

4. Learned counsel for the respondents appears and has been heard.

5. In the above view of the matter, this Court is satisfied that non-supply of the enquiry report to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 20.04.2012(Annexure-3) and the appellate order dated 02.03.2013 (Annexure-2) and the revisional order dated 27.12.2013(Annexure-1) are hereby quashed and the matter remanded to the Sub-Divisional Officer, Banka for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting an opportunity of hearing in accordance with law. Licence of the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 4.

Patna High Court CWJC No.16116 of 2014 dt.24-07-2018

6. It is made clear that in case the stand of the petitioner denying receipt of the enquiry report prior to order of cancellation being passed is found to be incorrect, the respondents shall be at liberty to approach this Court for recall of this judgment.

7. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2018 Transmission Date NA