Mahesh Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18784 of 2017 =========================================================== Mahesh Prasad Singh, Son of Late Jatadhari Singh, Resident of VillageBhawanipur, P.S. Bheja, District-Madhubani. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Madhubani

3. The District Supply Officer, Madhubani.

4. The Sub Divisional Officer, Jhanjharpur, District-Madhubani.

5. The B.D.O. Madhepur, Madhubani.

6. The Block Supply Officer, Madhepur, District -Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Subodh Kr. Jha, Mr. Pranav Kumar Jha, Advocates For the Respondents : Mr. S. Raza Ahmad - AAG5 Mr. Alok Ranjan, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-02-2018 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. 329 dated 25.01.2017 passed by the SubDivisional Officer, Jhanjharpur in the district of Madhubani by which PDS licence of the petitioner 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 show

Patna High Court CWJC No.18784 of 2017 dt.20-02-2018 2/3 cause notice was not served upon the petitioner and he was never provided an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in paragraph 17 of the writ petition that the impugned order of cancellation of licence has been passed without serving show cause notice upon the petitioner.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-service of show cause notice 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-service of show cause notice to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order contained in memo no. 329 dated 25.01.2017 passed by the Sub-Divisional Officer, Jhanjharpur (respondent no. 4) is hereby quashed and the matter is remanded to him for taking decision afresh in the matter after serving show cause notice upon 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. 4.

6. It is made clear that in case the stand of the petitioner denying service of show cause notice 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.

Patna High Court CWJC No.18784 of 2017 dt.20-02-2018 3/3

7. The writ petition stands allowed as above. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.02.2018 Transmission Date N.A.