Urmila Devi vs The State Of Bihar
2021 Latest Caselaw 1864 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8545 of 2020
     ======================================================

Urmila Devi W/o Late Kamta Singh Resident of Rikabganj, Tekari, P.S.- Tekari, District-Gaya

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar at Patna.

2. The District Magistrate, Gaya at Gaya.

3. The Sub-Divisional Officer (S.D.O.), Tekari, District-Gaya.

4. The District Supply Officer, District-Gaya.

5. The Block Supply Officer, Tekari Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanchay Srivastava, Advocate For the State : Mr. Maruth Nath Roy, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-04-2021

Heard learned counsel for the petitioner and learned

counsel for the State through video conference. Learned counsel for

the petitioner undertakes that all defects pointed out by the stamp

reporter shall be removed, and compliance with the conditions of

the notices of this Court with regard to acceptance of e-filing shall

be made, without delay immediately upon resumption of normal

physical functioning of the Court, and in any event within one

month thereof.

2. The following reliefs as formulated by the petitioner

have been claimed in the writ petition -

Patna High Court CWJC No.8545 of 2020 dt.06-04-2021

"(I) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Certiorari for quashing and setting aside Licence Cancellation Order dated 24.04.2020 (contained in Annexure-P/4) passed vide Letter No.150/R, Tekari passed by Sub- Divisional Officer (S.D.O.), Tekari, Gaya by which the P.D.S. Shop License bearing Licence No. 57/2016 of the petitioner has been terminated without issuance of any show cause or opportunity of hearing on the ground that the said order has been passed in complete disregard and ignorance of the Principles of Natural Justice (Audi Altrem Partem) and Article 14 of the Constitution of India;

(II) For issuance of an appropriate writ(s)/order(s)/direction(s) in the nature of Certiorari for quashing and setting aside Enquiry Report dated 23.04.2020 submitted by Block Supply Officer, Takari, Gaya vide his Letter No. 64 by which baseless and unfounded allegations have been alleged against the petitioner and recommendation for termination/cancellation of licence of the petitioner has been made without issuance of any show-

cause/explanation or opportunity of hearing on the ground that the said order has been passed in complete disregard and ignorance of the Principles of Natural Justice (Audi Altrem Partem) and Article 14 of the Constitution of India;

(III) For issuance of an appropriate writ/order/direction(s) in the nature of Mandamus for a mandatory injunction commanding the concerned respondents to forthwith withdraw, rescind and/or cancel the order dated 24.04.2020 and not to proceed Patna High Court CWJC No.8545 of 2020 dt.06-04-2021

with taking any coercive action against the petitioner including fresh suspension of licence of the petitioner;

(IV) For issuance of an appropriate writ/order/direction(s) in the nature of Mandamus for ex-parte and interim stay on the order dated 24.04.2020 and further for restraining the respondents from taking any coercive action against the petitioner; (V) And for issuance of any other relief or relief(s) for which the petitioner entitled for."

3. Learned counsel for the petitioner makes a short

submission to assail the impugned order on the ground that show

cause notice was not served upon the petitioner and he was not

given any opportunity of being heard for adducing evidence in that

regard. A specific stand has been taken in paragraph 16 of the writ

petition that the impugned order of cancellation of licence has been

passed without serving show cause notice to the petitioner.

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-service of the show cause notice to the petitioner has

resulted in violation of natural justice and thus the decision making

process stands vitiated. The impugned order dated 24.04.2020

(Annexure-P/4) is hereby quashed and the matter remanded to the

Sub-Divisional Officer, Tekari, Gaya for taking decision afresh in the

matter after serving show cause notice upon the petitioner and Patna High Court CWJC No.8545 of 2020 dt.06-04-2021

granting an opportunity of hearing in accordance with law. License

of the petitioner shall be restored without delay until fresh orders

are passed by the respondent no. 3.

6. It is made clear that in case the stand of the petitioner

denying service of show cause notice prior to order of cancellation

being passed is found to be incorrect, the respondents shall be at

liberty to approach this Court for recall of this judgment.

7. The writ petition stands allowed as above.

8. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made by

the petitioner within the stipulated time provided in para-1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

(Vikash Jain, J) Ibrar//-

AFR/NAFR              NAFR
CAV DATE              N.A.
Uploading Date        07.04.2021
Transmission Date     N.A.