Patna High Court
Bhola Singh vs The State Of Bihar on 21 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7560 of 2020
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Bhola Singh, S/o Late Ram Gahan Singh, R/o Village-Hhenegaon,P.S.-Sinha,
Block Barahara, District-Bhojpur at Ara.
... ... Petitioner
Versus
1. The State of Bihar through the Collector-cum-District-Magistrate, Bhojpur
at Ara.
2. The Addl. Collector, Bhojpur at Ara.
3. District Supply Officer, Bhojpur at Ara.
4. Assistant District Supply Officer cum Incharge Block Supply Officer,
Bhojpur at Ara.
5. Sub-Divisional Officer (Supply), Bhojpur at Ara.
6. Block Supply Officer, Barahara, District-Bhojpur at Ara.
7. Block Supply Inspector, Barahara, District-Bhojpur at Ara.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Tribhuwan Narayan, Advocate
For the Respondents-State: Mr. Arbind Ujjwal, SC-4
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 21-01-2021
Heard learned counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed by the
petitioner for quashing the order passed by the Sub Divisional
Officer (Supply), respondent no.5, vide Memo No.686/Aa,
dated 13.04.2020 whereby and whereunder the PDS license of
the petitioner bearing License No.77/2007 has been cancelled.
3. Learned counsel for the petitioner makes a short
submission to assail the impugned order on the ground that a
Patna High Court CWJC No.7560 of 2020 dt.21-01-2021
show cause notice was not served upon him and he was not
given any opportunity of being heard or adducing evidence in
that regard.
4. Learned counsel appearing for the respondent has
contested the matter but does not dispute the fact that before
cancellation of license, opportunity of hearing was not given to
the petitioner.
5. In above view of the matter, this Court is satisfied
that none service of the show cause notice to the petitioner has
resulted in violation of principle of natural justice and the order
impugned has been passed completely ignoring Rule 27 of the
Bihar Targeted Public Distribution System (Control) Order,
2016, which reads as under:-
"27. Cancellation of License. - (i) If a
licensee violates any provision of this Order
or fails to comply duties and responsibilities
assigned to the license, his license shall be
cancelled by the licensing authority by a
written order, and such a cancellation of
license shall not affect other actions
initiated/initiable under the Essential
Commodity Act, 1955 (Central Act 10 of
1955).
(ii) No order of cancellation of a license shall
be made until the licensee has been given
Patna High Court CWJC No.7560 of 2020 dt.21-01-2021
sufficient opportunity to state his case against
the proposal of cancellation of his license.
(iii) The cases of violation of the provisions
of this Order shall be disposed of within two
months, as far as possible, after coming in
cognizance as for."
6. Since the order impugned has been passed in
violation of principle of natural justice and the statutory rule
prescribed under the Bihar Targeted Public Distribution System
(Control) Order, 2016, the decision made in the proceeding
stands vitiated.
7. Accordingly, the impugned order dated 13.04.2020
is hereby quashed and the matter is remanded to Sub Divisional
Officer, Sadar Ara, Bhojpur for taking decision afresh in the
matter after serving show cause notice annexing the inquiry
report, if any inquiry or inspection was conducted upon the
petitioner and granting an opportunity of hearing to the
petitioner.
8. Respondent No.5 shall be required to pass the order
afresh within two months from the date of receipt/production of
a copy of the order in compliance of Rule 27 of the aforestated
Bihar Targeted Public Distribution System (Control) Order,
2016.
9. With the aforesaid observation and direction, the
Patna High Court CWJC No.7560 of 2020 dt.21-01-2021
application is disposed of.
(Ashwani Kumar Singh, J.)
sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.01.2021
Transmission Date NA
