Ranvijay Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.2879 of 2018 dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2879 of 2018 =========================================================== Ranvijay Kumar S/o Late Yadunandan Prasad Yadav, Resident of Village-PACS President Cum Operator of PDS Shop, Panchayat Morhe, P.S.-Fatehpur, DistrictGaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Consumer Protection Department, Old Secretariate, Patna.

2. The SDO, Sadar Gaya.

3. The Circle Officer, Fatehpur, Gaya.

4. The Block Supply Officer, Tankuppa, Gaya.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Adv For the Respondent/s : Mr. ARVIND UJJWAL SC4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-04-2018 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. 1175 dated 30.12.2017 passed by the SubDivisional Officer, Sadar, Gaya, by which licence of the petitioner's PDS shop bearing no. 02/2011 has been cancelled and monthly allotment has been stopped; and further to restore the petitioner's license.

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 by granting an opportunity of being heard and adducing evidence in that regard. It is further submitted that the licensing

Patna High Court CWJC No.2879 of 2018 dt.05-04-2018 authority has granted only three days' time for submission of reply to first show cause notice and 24 hours for replying second show cause, which is unreasonable and insufficient.

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 30.12.2017 (Annexure-5) is hereby quashed and the matter remanded to the S.D.O., Sadar, Gaya for taking decision afresh in the matter after supplying a copy of the enquiry report to the petitioner and granting adequate opportunity of hearing in accordance with law. Supplies to the petitioner shall be restored without delay until fresh orders are passed.

6. The writ petition stands allowed as above. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2018 Transmission Date NA