Sanjay Kumar @ Sanjay Kumar Paswan vs The State Of Bihar
2021 Latest Caselaw 418 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.24812 of 2019
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Sanjay Kumar @ Sanjay Kumar Paswan Jagdish Paswan R/o Village- Gospurpatti Paschim Tola, P.S.- Basantpur, District- Supaul.

... ... Petitioner/s Versus

1. The State of Bihar Through Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2. The District Magistrate-cum- Collector Supaul.

3. The Sub- Divisional Officer Birpur.

4. The Block Supply Officer Birpur.

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

For the Petitioner/s : Mr.Akash Chaturvedi For the Respondent/s : Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 28-01-2021

The present writ petition has been filed for

quashing the order dated 24.08.2019 passed by

the Sub-Divisional Officer, Birpur (Supaul) whereby

and whereunder the public distribution system

licence of the petitioner has been cancelled.

The short issue raised by the petitioner is

regarding non-supply of the inquiry report along

with the show cause notice resulting in the

petitioner being precluded from submitting a

wholesome reply as also putting forth his defence

in a proper manner. Reference in this regard has Patna High Court CWJC No.24812 of 2019 dt.28-01-2021

been made to a judgment reported in 2013(2) PLJR

706.

Per contra, the learned counsel for the State

has not been able to controvert the aforesaid

position as existing in law.

Having heard the learned counsel for the

parties and having regard to the facts and

circumstances of the case, this Court finds that

though an inquiry was conducted and the inquiry

report was submitted by the Assistant District

Supply Officer, Birpur, however, the same has not

been supplied to the petitioner, as is apparent from

the categorical statement made by the petitioner

in paragraph no. 6 of the present writ petition,

hence, the petitioner has been precluded from

submitting his wholesome defence resulting in

violation of the principles of natural justice, which

has vitiated the impugned order dated 24.08.2019

passed by the Sub-Divisional Officer, Birpur

(Supaul), thus, the same is quashed, however, with

liberty to the Sub-Divisional Officer, Birpur (Supaul)

to proceed afresh in accordance with law, if so Patna High Court CWJC No.24812 of 2019 dt.28-01-2021

advised.

The writ petition stands allowed.

(Mohit Kumar Shah, J)

Ajay/-

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