Patna High Court
Md. Mustak Alam Khan @ Md. ... vs The State Of Bihar on 26 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8197 of 2020
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Md. Mustak Alam Khan @ Md. Mustakram Kha Son of Sri Saflullah Khan
Resident of Village- Koili, Rasulganj, P.S.- Nanpur, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of Food and
Civil Supplies, Government of Bihar, Patna.
2. The Principal Secretary, Department of Food and Civil Supplies,
Government of Bihar, Patna.
3. The District Officer-cum- District Magistrate Sitamarhi.
4. The Sub- Divisional Officer Pupri, District- Sitamarhi.
5. The Block Supply Officer Pupri, District- Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC 4
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 26-03-2021
Heard learned counsel for the petitioner and learned
counsel for the State. Learned counsel for the petitioner has filed
an undertaking to remove all defects pointed out by the Stamp
Reporter as and when required. It is accordingly directed that all
defects pointed out by the Stamp Reporter be removed within
one month hereof.
2. The present writ petition has been filed for quashing
the order contained in memo no. 224 dated 30.04.2020
(Annexure-4) passed by the Sub-Divisional Officer, Pupri
(Sitamarhi) by which licence of the petitioner's Fair Price shop
bearing no. 20 of 2020 has been cancelled and monthly allotment
Patna High Court CWJC No.8197 of 2020 dt.26-03-2021
has been stopped; and further to restore the petitioner's licence.
3. Learned counsel for the petitioner makes a short
submission to assail the impugned order on the ground that a
copy of the enquiry report was not made available to the
petitioner and he was never confronted with the same with an
opportunity of being heard or adducing evidence in that regard. A
specific stand has been taken in para 3 of the supplementary
affidavit that the impugned order of cancellation of licence has
been passed without providing a copy of the enquiry report to
the petitioner, though the same had been relied upon in the
impugned order.
4. Learned counsel for the respondents appears and
has been heard.
5. In the above view of the matter, this Court is satisfied
that non-supply of the enquiry report to the petitioner has
resulted in violation of natural justice and thus the decision
making process stands vitiated. The impugned order contained in
memo no. 224 dated 30.04.2020 (Annexure-4) is hereby quashed
and the matter remanded to the Sub-Divisional Officer, Pupri
(Sitamarhi) for taking decision afresh in the matter after
supplying a copy of the enquiry report to the petitioner and
granting an opportunity of hearing in accordance with law.
Licence of the petitioner shall be restored without delay until
fresh orders are passed by the respondent no. 4.
Patna High Court CWJC No.8197 of 2020 dt.26-03-2021
6. It is made clear that in case the stand of the
petitioner denying receipt of the enquiry report prior to order of
cancellation being passed is found to be incorrect, the
respondents shall be at liberty to approach this Court for recall of
this judgment.
7. The writ petition stands allowed as above.
8. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made
by the petitioner within the stipulated time provided in para 1
hereinabove, failing which the matter shall be brought to the
notice of this Court.
(Vikash Jain, J)
Chandran/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 26.03.2021
Transmission Date -
