Kamala Singh vs The State Of Bihar
2021 Latest Caselaw 5917 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9171 of 2020
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KAMALA SINGH, Son of Kailash Pati Singh, resident of Village - Kampura, Gram Panchayat - Amdarhi, Block- Ekma, Police Station- Ekma, District - Chhapra (Saran).

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2. The District Magistrate cum Collector, Chhapra (Saran).

3. The Sub-Divisional Officer cum Licensing Authority, Sadar, Chhapra (SARAN).

4. The Assistant District Supply Officer, Chhapra (SARAN).

5. The Block Supply Officer, Ekma, District - Chhapra (SARAN).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.N.K. Agrawal, Sr. Adv Ms. Preety Kunwar, Adv For the Respondent/s Mr. S. Raza Ahmad AAG-5 :

Md. Kamil Akhtar AC to AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 07-12-2021 Mr. S. Raza Ahmad learned AAG-5, states that he does

not have copy of the brief.

We are shocked to record, for the learned counsel to

make such a statement, reason, that it is not only the practice of

this Court but also the requirement for learned counsel for the

petitioner to supply advance copy to the office of learned

Advocate General.

As per office report, the paper book stands supplied to Patna High Court CWJC No.9171 of 2020 dt.07-12-2021

the office of the learned Advocate General.

In these circumstances, we are only expressing our

displeasure in the manner in which the learned counsel has

addressed this Court.

We are equally shocked in the manner in which the

orders are being passed by the Licensing Authority.

In the impugned order while cancelling the licence

admittedly affecting the petitioner's right to livelihood or

peoples right to receiving essential supplies of food grains, the

Licensing Authority simply records, the allegations against the

petitioner but does not render any opinion whatsoever, with

regard to its authenticity or correctness, much less, after having

verified the same as such the order being bad in law also suffers

from the vice of violation of principles of natural justice. It is

absolutely cryptic; does not assign any reason; is not verified on

the factual matrix. Hence, we quash and set aside the impugned

order dated 07.11.2019, passed by the Respondent No.3,

namely, the S.D.O, Sadar, Chapra, with a direction to the

concerned appropriate authority to pass a fresh order after

affording opportunity of hearing to all concerned, including the

present petitioner.

Since, the petitioner was constrained to approach this Patna High Court CWJC No.9171 of 2020 dt.07-12-2021

Court, we impose cost of Rs. 5000/- to be recovered from the

personal salary of Licensing Authority, SDO, Chapra. The

petitioner shall make himself available in the office of Licensing

Authority on 23.12.2021 at 10:30 am, on which date not only

cost would be paid to the petitioner but also opportunity for

filing documents, if any, be afforded.

The Authority shall pass order assigning reasons within

one month, copy whereof shall be supplied to the petitioner.

Liberty is reserved to the petitioner to take recourse to

such alternative remedies as are otherwise available in

accordance with law.

Interlocutory application, if any, stands disposed of.

The petition stands disposed of.

                                                        (Sanjay Karol, CJ)


                                                          (S. Kumar, J)

ranjan/-sanjay
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.12.2021
Transmission Date       NA