Manjurul Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20570 of 2019 ====================================================== Manjurul Hassan S/o Late Noor Hassan @ Noor Hassan Ahmad, R/Ovillage- Mahuli, P.S.- Taraiya, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Food and Civil Supply Government of Bihar, Patna.

2.

The Principal Secretary Food and Civil Supply, Bihar, Patna. 3.

The District Magistrate, Saran at Chapra.

4.

The Sub-divisional Officer, Madhaura, Saran.

5.

The Assistant Supply Officer, Madhaura, Saran. 6.

The Block Supply Officer, Isuapur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr. S. Raza Ahmad (AAG 5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 23-11-2022 Heard the learned counsel for the petitioner and the State.

For the reason of the petitioner having been made accused in a criminal case, a show cause notice was issued to him by the licensing authority, invoking the provision contained in Clause-28 of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Patna High Court CWJC No.20570 of 2019 dt.23-11-2022 2/3 However, the petitioner was never served. The impugned order of cancellation, however, lists that the family members of the petitioner refused to take notice as one the grounds for deciding the case against the petitioner. The appellate order also has sustained the order of cancellation.

On going through the records, however, we are of the view that interest of the justice would be met if the defense/view-point of the petitioner also is taken into account before taking a final call, whether the petitioner is entitled to be retained as a licensee or not. For this very reason, we set aside the orders passed by the licensing authority as also the appellate authority. But without going into the question whether the licensing authority was justified in proceeding exparte, we remit it to the licensing authority to issue a fresh notice to the petitioner within 15 days on the receipt/production of a copy of this order, giving 30 days' time to the petitioner to present his cause. On the

Patna High Court CWJC No.20570 of 2019 dt.23-11-2022 3/3 receipt of the reply of the petitioner, the licensing authority shall, after adverting to the same, pass an order within the next 30 days, giving reasons in support of the same.

We have remitted this case to the licensing authority for the reason, as noted-above, that it would only be fair that the aggrieved party is heard before an order is passed against him.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) ( Nawneet Kumar Pandey, J) Mahesh/HR AFR/NAFR NAFR CAV DATE N/A Uploading Date 28/11/2022 Transmission Date N/A