Patna High CourtCWJC/21859/2018allowed

Gyanchand Tiwari 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.21859 of 2018 ====================================================== Gyanchand Tiwari son of Shripati Tiwari, resident of village Thakraha, P.S. Thakraha, Dist. West Champaran.

... ... Petitioner/s

Versus

1. The State Of Bihar through the Secretary Food and Civil Supply Government of Bihar, New Secretariat, Patna.

2. The District Magistrate, West Champaran, Bettiah.

3. The Sub-Divisional Officer, Bagha, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Respondent/s :

Mr. Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2018 The present writ petition has been filed for quashing the order dated 19.09.2017 passed by the Sub Divisional Officer, Bagha, West Champaran, Bettiah whereby and whereunder the licence of the P.D.S. Shop of the petitioner has been cancelled.

The short point raised by the learned counsel for the petitioner is that the Sub Divisional Officer, Bagha, West Champaran, Bettiah i.e. Respondent No.3 has proceeded to cancel the licence of the petitioner without supplying a copy of the inquiry report, hence, the petitioner has been precluded from submitting his defence in an appropriate manner resulting in violation of principles of natural justice. Reference in this regard has been made to a judgment of the Division Bench reported in

Patna High Court CWJC No.21859 of 2018(2) dt.30-11-2018 2/2 2013(3) PLJR 706.

Having regard to the facts and circumstances of the case, the order dated 19.09.2017 passed by the Sub Divisional Officer, Bagha, West Champaran, Bettiah is quashed and the Sub Divisional Officer, Bagha, West Champaran, Bettiah is granted liberty to proceed in the matter after supplying a copy of the inquiry report to the petitioner herein.

The writ petition is allowed.

(Mohit Kumar Shah, J) Tiwary/- U