Rajeshwar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14903 of 2017 =========================================================== Rajeshwar Singh Son of Late Sita Singh resident of Village - Chhakkuvigha, P.O. - Kanap, P.S. - Daudnagar, District - Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.
2. The Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.
3. The District Magistrate, Aurangabad.
4. The District Supply Officer, Aurangabad.
5. The Assistant District Supply Officer, Daudnagar, Aurangabad.
6. The Sub Divisional Officer, Daudnagar, Aurangabad.
7. The Block Supply Officer, Daudnagar, Aurangabad. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar,Advocate For the Respondent/s : Mr. ARBIND UJJAWAL - SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-06-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for quashing the order of suspension of the petitioner's PDS licence No. 54/D/85 passed by the Sub Divisional Officer, Daudnagar, Aurangabad vide Memo No. 25/Supply dated 16.06.2017; and for connected reliefs.
3. Learned counsel for the petitioner invites attention to the impugned order dated 16.06.2017 according to which the
Patna High Court CWJC No.14903 of 2017 dt.19-06-2018 petitioner's PDS licence has been suspended on the ground that an FIR being Daudnagar P.S. Case No. 146 of 2017 has been instituted against him under Section 7 of the Essential Commodities Act. It is submitted that such action is wholly contrary to Rule 28 of the Bihar Targeted PDS (Control) Order, 2016, which provision reads as follows - "28. Actions to be taken against a licensee after a F.I.R. lodged.- If an F.I.R. is lodged against a licensee under the Essential Commodities Act, 1955 or for any other criminal cases and he is sent to jail or he goes fugitive, his license shall be suspended by the licensing authority with immediate effect, and after serving show cause notice upon him in accordance with Civil Procedure Code and giving him sufficient opportunity to present his case, a lawful action shall be taken within 180 days, as far as possible."
4. It is further pointed out that even though the order of suspension has been passed as far back as on 16.06.2017, no show cause notice thereafter for taking any lawful action against him has been served even after lapse of more than 180 days, as contemplated under Rule 28 aforesaid.
5. Learned counsel for the respondents appears and has been heard. No counter affidavit has been filed so far controverting the stand of the petitioner.
6. In the above matter, the writ petition stands allowed and the
Patna High Court CWJC No.14903 of 2017 dt.19-06-2018 impugned order of suspension dated 16.06.2017 (Annexure-5) is hereby quashed. Supplies to the petitioner shall be restored without delay.
7. It is made clear that in case the stand of the petitioner that no reasonable opportunity has been granted prior to suspension of his licence is found to be incorrect, the respondents shall be at liberty to approach this Court for recall of this judgment. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 21.06.2018 Transmission Date NA