Patna High CourtCWJC/20175/2018allowed

Md. Shamsujjama v. The State Of Bihar And ORS

2018-11-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20175 of 2018 ====================================================== Md. Shamsujjama Son of Muslim, Resident of Village- Khaira, Police Station-Shahkund, District-Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Depatment of Food & Supply, Govt. of BIhar, Patna.

3. The Disrict Magistrate, Bhagalpur.

4. The S.D.O. Sadar, Bhagalpur.

5. The District Supply Officer, Bhagalpur.

6. The District Manager, State Food Nigam, Bhagalpur.

7. The Block Supply Officer, Shahkund, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 For the BSFC : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2018 The present writ petition has been filed for setting aside the order dated 21.08.2018, passed by the learned SubDivisional Officer, Sadar Bhagalpur, whereby and where under the P.D.S. license of the shop of the petitioner has been cancelled.

The short submission made by the learned counsel for the petitioner is that only three day's time has been granted to the petitioner for filing reply to the show-cause notice, which is grossly insufficient. Reference in this regard has been made to a judgment reported in 2013(1) PLJR 708 (Smt. Fulpati Devi vs. The State of Bihar & Ors.).

Patna High Court CWJC No.20175 of 2018(2) dt.30-11-2018 2/2 Having regard to the facts and circumstances of the case, this Court finds that the three days' time granted to the petitioner to file reply is highly insufficient and amounts to breach of the principles of nature justice. Hence, the order dated 21.08.2018 passed by the learned Sub-Divisional Officer, Sadar Bhagalpur, is quashed, however, with liberty to the SubDivisional Officer, Sadar Bhagalpur to proceed in the matter afresh in accordance with law.

The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U