Nirmal Kumar Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.16326 of 2017 dt.05-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16326 of 2017 =========================================================== Nirmal Kumar Sah, Son of Sri Satynarayan Prasad Sah, resident of Village+ P.OLawagan, P.S.- Chousa, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

3. The Director, Food and Civil Supply Department, Govt. of Bihar, Patna.

4. The District Magistrate, Madhepura, District- Madhepura.

5. The District Supply Officer, Madhepura, District- Madhepura.

6. The Sub Divisional Officer, Udakishanganj, District- Madhepura.

7. The Block Supply Officer, Chousa, District- Madhepura. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr. ARVIND UJJWAL-SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-07-2018 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. 3605-2 dated 23.09.2017 passed by the Sub-Divisional Officer, Udhakishanganj, by which licence of the petitioner's Fair Price shop bearing no. 270/2007 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

Patna High Court CWJC No.16326 of 2017 dt.05-07-2018 adducing evidence in that regard. A specific stand has been taken in para 19 of the writ petition 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.

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 23.09.2017 (Annexure-4) is hereby quashed and the matter remanded to the Sub-Divisional Officer, Udhakishanganj 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. Supplies to the petitioner shall be restored without delay until fresh orders are passed by the respondent no. 6.

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 09.07.2018 Transmission Date NA