Ganesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9203 of 2017 =========================================================== Ganesh Kumar S/o Late Arjun Mahto, Resident of Village - Goghi, P.S. - Piribazar, District - Lakhisarai.

.... .... Petitioner

Versus

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

2. The District Magistrate, Lakhisarai.

3. The Sub Divisional Officer, Lakhisarai.

4. The District Supply Officer, Lakhisarai.

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

For the Petitioner : Mr. Anujit Sinha, Advocate. For the Respondents : Mr. S. Raza Ahmad, AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 31.03.2017 passed by the learned Sub-Divisional Magistrate, Lakhisarai by which he was pleased to cancel the P.D.S. license no. 03/1993 of the petitioner to carry on trade on a PDS dealer.

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-11 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.

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 in the counter affidavit filed on behalf of the respondents.

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 31.03.2017 (Annexure-3) is quashed and the matter remanded to the Sub-Divisional Officer, Lakhisarai 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)

Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.02.2018 Transmission Date N.A.