Shankar Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17131 of 2017 =========================================================== Shankar Rai, son of Sh. Ramanand Rai, resident of Village- Khardeur Mahna Kuli, Post & Police Station- Chanpatia, District- West Champaran. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Food & Civil Supply, Government of Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, West Champaran at Bettiah.
4. The Sub- Divisional Officer, Bettiah, District- West Champaran.
5. The Block Supply Officer, Chanpatia Block, District- West Champaran at Bettiah.
.... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Manoj Kumar Mr. Chandan Kumar, Advocates.
For the Respondents : Mr. Alok Ranjan, AC to AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-01-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for the following reliefs:
"(I) For issuance of writ in the nature of certiorari quashing the order contained in Memo No. 365/Aa, dated 06.08.2016, whereby and whereunder the Sub-Divisional Officer, Bettiah has cancelled the license of the fair price shop of the petitioner (Annexure-6)..
(II) For directing the licensing authority to restore the P.D.S. license No. 19/2007 in the name of the petitioner and further be issued his unite continuing allotment to the said fair price shop for distribution among the respective consumers. .
Patna High Court CWJC No.17131 of 2017 dt.23-01-2018 2/3 (C) Any other relief or reliefs for which the petitioner is entitled for."
3. Learned counsel for the petitioner makes a short submission to assail the impugned order on the ground that neither any copy of the enquiry report nor any copy of the seizure list was supplied to the petitioner and he was never given an opportunity of being heard or adducing evidence in that regard. A specific stand has been taken in paragraph-8 of the writ petition that the impugned order of cancellation of licence has been passed without supplying any copy of the enquiry report and seizure list to the petitioner. Thus, there is a clear violation of principles of natural justice.
4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner with regard to non-supply of copy of the enquiry report and seizure list to the petitioner 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-supply of copy of the enquiry report and seizure list to the petitioner has resulted in violation of natural justice and thus the decision making process stands vitiated. The impugned order dated 06.08.2016 (Annexure-6) is quashed and the matter remanded to the Sub-Divisional Officer, Bettiah, West Champaran, for taking decision afresh in the matter after supplying a copy of the enquiry report and seizure list to the petitioner and granting an opportunity of hearing in
Patna High Court CWJC No.17131 of 2017 dt.23-01-2018 3/3 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 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 30.01.2018 Transmission Date N.A.