Sanjay Kumar Yadav vs The State Of Bihar
2021 Latest Caselaw 939 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17740 of 2019
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Sanjay Kumar Yadav, Son of Tara Kant Yadav, Resident of village - Ejrahta, P.S. - Manigachhi, District- Darbhanga.

... ... Petitioner/s Versus

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

2. The District Magistrate Darbhanga, District - Darbhanga.

3. The Licensing Authority-Cum-Sub-Divisional Officer Sadar, Darbhanga, District- Darbhanga.

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

For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate. For the Respondent/s : Mr.Arvind Ujjwal (SC-4)

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT

Date : 18-02-2021

Heard learned counsel appearing for the petitioner and

the learned counsel appearing for the respondents.

2. The petitioner has preferred the present writ petition,

under article 226 of the Constitution of India, to quash the order

dated 30.07.2019 (Annexure 1) passed by the Licensing Authority-

cum-Sub-Divisional Officer, Sadar, Darbhanga, whereby the Sub-

Divisional Officer, Sadar, Darbhanga, cancelled the licence of PDS

Shop No. 27 of 2016 of the petitioner.

3. Learned counsel for the petitioner submits that the

show cause notice dated 27.07.2019 was issued by the Sub- Patna High Court CWJC No.17740 of 2019 dt.18-02-2021

Divisional Officer, Sadar, Darbhanga (respondent no.3) to the

petitioner directing him to file reply to the show cause within a

week to the effect as to why the license of PDS shop of the

petitioner should not be cancelled. Learned counsel appearing for

the petitioner, further, submits that the Sub-Divisional Officer,

Sadar, Darbhanga (respondent no.3) issued show cause to the

petitioner to file his reply within a week but the licence of PDS

shop of the petitioner was cancelled on 30.07.2019 without giving

proper opportunity and awaiting one week to file reply to the show

cause by the petitioner, which would appear from Annexure 1 of

the petition.

4. The record shows that the Licensing Authority-cum-

Sub-Divisional Officer, Sadar, Darbhanga (respondent no. 3)

issued notice through memo no. 377 dated 27.07.2019 to the

petitioner to file his reply to the aforesaid show cause within a

week but the licence of PDS shop of the petitioner was cancelled

without giving opportunity to the petitioner to file his reply within

the stipulated period. As such, the order dated 30.07.2019 passed

by the Licensing Authority-cum-Sub-Divisional Officer, Sadar,

Darbhanga, (respondent no.3), cancelling the PDS shop no. 27 of

2016 of the petitioner, is quashed with a direction to the

respondent no. 3 to issue fresh show cause notice and pass Patna High Court CWJC No.17740 of 2019 dt.18-02-2021

appropriate order in accordance with law after giving proper

opportunity to the petitioner to file reply to the show cause.

5. Accordingly, this writ application stands allowed.

(Rajendra Kumar Mishra, J) Bhardwaj/-

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Uploading Date          19.02.2021
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