Horen Roy v. The State Of Bihar And ORS

Patna High Court CWJC No.16199 of 2017 dt.19-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16199 of 2017 =========================================================== Horen Roy Son of late Jhari Lal Rai, Resident of Village- Gordho, P.S. Azamnagar, District- Katihar.

.... .... Petitioner

Versus

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

2. The Sub- Divisional Officer, Barsoi, Katihar.

3. The Block Supply Officer, Azamnagar.

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

For the Petitioner : Mr. Vijay Anand, Advocate. For the Respondents : Mr. Arbind Ujjawal, SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-03-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for challenging the order dated 20.01.2016 passed by the S.D.O. Barsoi whereby and whereunder the PDS license granted to the petitioner for carried on the business of shop has been cancelled.

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-17 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 has been relied upon in the impugned order.

Patna High Court CWJC No.16199 of 2017 dt.19-03-2018

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 20.01.2016 (Annexure-5) is quashed and the matter remanded to the Sub-Divisional Officer, Barsoi, Katihar 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. 2.

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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.03.2018 Transmission Date N.A.