Raiful Azam v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17846 of 2018 =========================================================== Raiful Azam, Son of Mukhtar, Resident of Purainiya, Pirari, P.S.- Pindari, DistrictWest Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate, West Champaran, Pirari.
3. The Sub Divisional Officer, Narkityaganj, West Champaran. .... .... 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 JUDGMENT Date: 27-09-2018 1.
The present writ petition has been filed for quashing the order dated 28.03.2016 passed by the Sub-Divisional Officer, Narkatiyaganj, West Champaran whereby and whereunder the P.D.S. licence of the shop of the petitioner has been cancelled. 2.
The short point raised by the learned counsel for the petitioner is that the Sub-Divisional Officer, Narkatiyaganj, West Champaran i.e. the 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 be had to a judgment of the Division Bench reported in (2013) 2 PLJR pg 706 .
Patna High Court CWJC No.17846 of 2018 dt.27-09-2018 2/2 3.
Having regard to the facts and circumstances of the case, the order dated 28.03.2016 passed by the respondent no. 3 is quashed and the respondent no. 3 is granted liberty to proceed in the matter after supplying a copy of the inquiry report to the petitioner herein and take a decision in accordance with law.
4.
The writ petition is allowed.
(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date04.10.2018 Transmission Date NA