Khushi Lal Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14711 of 2016 =========================================================== Khushi Lal Prasad, Son of Late Nakchhed Sah, Resident of Village and Post - Athmohan, P.S. - Jharokhar, District - East Champaran. .... .... Petitioner

Versus

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

2. The District Magistrate, East Champaran, District - East Champaran at Motihari.

3. The Sub-Divisional Officer, Sikrahna, Dhaka, District - East Champaran at Motihari.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Labh, Advocate For the Respondents : Mr. Alok Ranjan, AC to GA6 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-12-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The writ petition has been filed for the following reliefs - "(A) For quashing and setting aside the order passed by the Sub-Divisional Officer, Sikrahna, Dhaka vide Memo No. 115 dated 27.02.2015 whereby and whereunder licence of the petitioner's Fair Price Shop bearing no. 18/07-08 has been cancelled contained in Annexure-1 and quashing and setting aside the order dated 19.07.2016 passed by the learned District Magistrate, East Champaran, Motihari in Case No. AA-75/2014 contained in Annexure-4 whereby and whereunder appeal filed by the petitioner against the cancellation order has been rejected and affirmed the cancellation order.

(B) A mandamus commanding the Respondents to restore

Patna High Court CWJC No.14711 of 2016 dt.14-12-2017 2/3 the petitioner's licence as before and to make allotment for the petitioner's shop.

(C) Any other relief or reliefs for which petitioner may be found entitled in the fact and circumstances of the present case may be granted".

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 paragraph 9 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. Such infirmity could not be cured in the appeal as well.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of enquiry report has not been controverted, as no counter affidavit has been filed till date.

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 order passed by the Sub-Divisional Officer, Sikrahna, Dhaka vide Memo No. 115 dated 27.02.2015 (Annexure-1) and the

Patna High Court CWJC No.14711 of 2016 dt.14-12-2017 3/3 appellate order dated 19.07.2016 passed by the learned District Magistrate, East Champaran, Motihari in Case No. AA - 75/2014 (Annexure-4) are hereby quashed and the matter remanded to the SubDivisional Officer, Sikrahna, Dhaka 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. 3.

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) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.12.2017 Transmission Date N.A.