Anant Tiwari v. The State Of Bihar And ORS

Patna High Court CWJC No.6635 of 2015 dt.04-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6635 of 2015 =========================================================== Anant Tiwari son of Late Deo Dhari Tiwari resident of Village Baghakol Tetaria, Post- Salempur, P.S. Ara (Mufassil), District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Food and Consumer Protection, Old Secretariat, Bihar, Patna.

3. The Collector-Cum-District Magistrate, Bhojpur at Ara.

4. The Sub Divisional Officer, Sadar Ara, District- Bhojpur.

5. The Block Supply Officer, Sadar Ara, District- Bhojpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Pandey, Adv For the Respondent/s : Mr. VINAY KIRTI SINGH- GA3 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-09-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 07.11.2014 passed by the District Magistrate-cum-Collector, Bhojpur at Ara affirming the order dated 24.12.2011 passed by the SubDivisional Officer, Sadar, Ara by which the licence of the petitioner's Fair Price shop has been cancelled and monthly allotment has been stopped; 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 7 of the writ petition that the impugned order of cancellation of licence has been

Patna High Court CWJC No.6635 of 2015 dt.04-09-2018 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 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 24.12.2011 (Annexure-3) and the appellate order dated 07.11.2014 (Annexure-7) are hereby quashed and the matter remanded to the Sub-Divisional Officer, Sadar,Ara 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.

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 07.09.2018 Transmission Date NA