Patna High Court
Rajdev Prasad Yadav vs The State Of Bihar on 23 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3347 of 2020
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Rajdev Prasad Yadav, aged about 46 years, Gender - Male, S/o Gulab
Prasad Yadav, Resident of Village - Kathautiya Kewal, P.S.- Fatehpur,
District- Gaya.
... ... Petitioner
Versus
1. The State of Bihar through Secretary, Food and Consumer Protection
Department, Old Secretariat, Patna.
2. The SDO, Sadar Gaya.
3. The Block Supply Officer, Fatehpur, Gaya.
... ... Respondents
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Appearance :
For the Petitioners : Mr. N. K. Agarwal, Senior Advocate
Mr. Vijay Anand, Advocate
For the Respondents : Mr. Alok Ranjan, A.C. to AAG-5
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 23-08-2021
Heard learned senior counsel for the petitioner and
learned counsel for the respondents through video conference.
2. The present writ petition has been filed "for
challenging the order dated 18.09.20219 passed by SDO Sadar Gaya
fully contained in Memo No. 872 whereby and whereunder the
License no. 73/2016 was suspended observing therein that the show
cause reply filed by the petitioner is not found satisfactory."
3. Mr. N.K. Agarwal, learned senior counsel
appearing on behalf of the petitioner assails the impugned order
dated 18.09.2019 (Annexure-3) on two grounds, namely, (i) that
the petitioner's show cause has been rejected by a non-speaking
Patna High Court CWJC No.3347 of 2020 dt.23-08-2021
order stating simply that the reply was found to be unsatisfactory;
and (ii) that the license of the petitioner has been suspended with
reference to Rule 27 (ii) of the Bihar Targeted Public Distribution
System (Control) Order, 2016, whereas the said Rule does not
contemplate suspension of license.
4. Learned counsel for the respondents appears
and has been heard. As far as rejection of show cause is
concerned, it is submitted that the same was not found
satisfactory based on materials on record. As regards the
suspension of license, however, no serious objection has been
made considering the provisions of Rule 27 (ii) of the Bihar
Targeted Public Distribution System (Control) Order, 2016.
5. Having heard the parties and on a consideration
of the materials on record, this Court finds merit in the writ
petition. The impugned order dated 18.09.2019 itself
demonstrates that the show cause of the petitioner has been
rejected merely stating that the same was found unsatisfactory
but without affording any reason in that regard. The provisions of
Rule 27(ii) of the Bihar Targeted Public Distribution System
(Control) Order, 2016, as rightly submitted by learned senior
counsel for the petitioner, do not contemplate suspension of
license.
6. In the above circumstances, the impugned order
dated 18.09.2019 passed by the S.D.O., Sadar, Gaya (Annexure-3)
Patna High Court CWJC No.3347 of 2020 dt.23-08-2021
cannot be sustained and accordingly, the same is set aside.
However, the respondents shall be at liberty to pass fresh orders
in accordance with law after consideration of the petitioner's
show cause and after grant of an opportunity of hearing to the
petitioner. Needless to say, in the meantime, the license of the
petitioner shall be restored without delay.
7. It is made clear that in view of the ongoing Covid-
19 pandemic, any correspondence between the parties may be
made through e-mail and the petitioner shall be at liberty to
request for hearing through video conference. To facilitate
disposal, the petitioner shall furnish his mobile number and email
ID to the concerned respondent within a week from today.
8. The writ petition, accordingly, stands allowed.
(Vikash Jain, J)
pawan/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 24.08.2021
Transmission Date N/A
