Patna High CourtCWJC/13471/2017dismissed

Dayal Sharan Sah v. The State Of Bihar And ORS

2018-07-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13471 of 2017 ====================================================== Dayal Sharan Sah, Son of Late Kishun Sah @ Raghunandan Sah, Resident of Village Jalal Basant Block Garkha, P.S. Garkha, District- Saran at Chapra ... Petitioner

Versus

1. The State of Bihar through Secretary Civil Supply Department Bihar, Patna.

2. The District Magistrate, Saran at Chapra.

3. The S.D.O. Sadar Chapra, Saran.

4. The District Supply Officer Saran at Chapra.

5. The Block Supply Officer Garkha, Saran ... Respondents ====================================================== Appearance :

For the Petitioner :

For the Respondents :

Mr. S.Raza Ahmad-Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2018 The present writ petition has been taken up out of turn on the request of the petitioner, who has filed a mentioning slip stating that without proper opportunity given to the petitioner, the order of cancellation has been passed by the Subdivisional Officer, Sadar Chapra, Saran, and affirmed by the District Magistrate, Saran at Chapra.

2. None appears on behalf of the petitioner despite repeated calls.

3. A perusal of the averments in the writ petition does not disclose any grounds whatsoever with regard to violation of natural justice. The petitioner's case is in essence a denial of allegation of unfair practice raised against him.

4. Learned counsel for the respondents refers to the counter affidavit, Annexure 'D' whereof discloses that show

Patna High Court CWJC No.13471 of 2017(4) dt.11-07-2018 2/2 cause notice bearing no. 605, dated 04.07.2016, was issued to the petitioner and, hence, the order of cancellation has been passed after granting proper opportunity to the petitioner.

5. The aforesaid stand of the respondents in paragraph 6 of the counter affidavit has not been denied in the rejoinder filed on behalf of the petitioner.

6. In the above circumstances and considering that no error has been pointed out in the decision making process, this Court finds the writ petition to be devoid of merit and is dismissed as such.

(Vikash Jain, J) Shamshad/- U