Mustafa Khan vs The State Of Bihar
2021 Latest Caselaw 6354 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4331 of 2021
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Mustafa Khan Son of Sri Sarajul Khan. Resident of Village-Kopa. P.O. Kopa, P.S. Kopa, District-Saran at Chapra.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Consumer and Food Protection Department Government of Bihar, Patna.

3. The Divisional Commissioner, Saran Division, Chapra.

4. The District Magistrate, Saran at Chapra,

5. The Sub-Divisional Officer, Sadar Chapra,

6. The Block Development officer, Jalalpur, District-Saran at Chapra,

7. The Block Supply Officer, Jalalpur, District-Saran at Chapra, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-12-2021 Petitioner has prayed for the following relief(s):-

"(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the notice dated 15.04.2020 contained in memo no. 2458 dated 15.04.2020 and the notice dated 01.06.2020 contained in memo no. 2929 dated 01.06.2020 issued under the signature of the Respondent No. 5, whereby and whereunder the respondent no. 5 was pleased to call upon the petitioner to file his show cause against the charges mentioned in the show cause notice, on the ground that the said notice issued by the Respondent no. 5 is not a valid notice in the eye of law since it does not comply the requirement of a valid notice as contemplated under Clause 27(ii) of the Bihar Targeted Public Distribution System (Control) Order 2016 (hereinafter referred to as 2016 Control Order).

Patna High Court CWJC No.4331 of 2021 dt.22-12-2021

(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 30.06.2020 passed by the Respondent No. 5 and contained in his memo no. 4170 dated 30.06.2020, whereby and whereunder the Respondent No. 5 has been pleased to cancel the Fair Price Shop license of the petitioner being License No. 84 of 2016 on the ground that the said order was passed by the Respondent No. 5 on the basis of a notice which was not a proper notice in the eye of law as also on the ground that the impugned order passed by the Respondent no. 5 suffers from inherent non-compliance of the principles of natural justice.

(III) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for restoration of fair price shop license as also for grant of allotment to the petitioner for the consumers attached with the petitioner's fair price shop.

(IV) For issuance of an appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

The petitioner is a licensee of fair price shop since the

year 2000. His licence was also renewed after coming into force

of Bihar Targetted Public Distribution System (Control) Order,

2016.

A notice to show cause was issued to the petitioner

asking him as to why his licence should be not cancelled in view

of the irregularities found during inspection on 31.03.2020,

within two days.

Subsequently, another show cause notice was issued to

the petitioner by the respondent no.5, namely Sub-divisional Patna High Court CWJC No.4331 of 2021 dt.22-12-2021

Officer, Sadar, Chapra, on 01.06.2020 asking him to give

explanation along with supporting documents about the

irregularities found by the Deputy Collector, Land Reforms,

Sadar Chapra, within one week, failing which action would be

taken in accordance with law.

Learned counsel for the petitioner submits that the

petitioner was not supplied the enquiry report along with the two

notices and without affording proper opportunity to place his

case, the impugned order has been passed cancelling his licence.

We notice that the impugned order dated 30.06.2020,

cancelling the petitioner's licence, has been passed by the Sub-

Divisional Officer, Sadar, Chhapra without following due

process of law. We also notice that the Officer has simply

observed that no proof to rebut the allegations was placed on

record by the petitioner, but the Officer does not state as to what

really are the allegations/charges against the petitioner. The

order is absolutely cryptic and non-speaking. The objection filed

by the petitioner was neither referred to nor dealt with by the

Officer.

As such, on this short ground alone, we quash and set

aside the order dated 30.06.2020 (Annexure-6, Page-22) passed

by the Sub-Divisional Officer, Sadar, Chhapra remanding the

matter back to the officer concerned for passing a fresh order in Patna High Court CWJC No.4331 of 2021 dt.22-12-2021

accordance with law.

Since the matter pertains to the year 2020, petitioner

shall appear before the appropriate authority on 10.01.2022, on

which date, he shall also file a detailed response and place on

record materials in support of his case.

The appropriate authority shall pass a fresh order

assigning reasons within a period of four weeks thereafter.

Liberty reserved to assail the same before the appropriate forum,

should the need so arise subsequently.

The writ petition stands allowed with the aforesaid

observations and directions.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 24.12.2021 Transmission Date