Satya Narayan Mandal vs The State Of Bihar
2021 Latest Caselaw 5119 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9695 of 2020
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Satya Narayan Mandal, Son of Thakko Mandal, Resident of Village- Mahdeva, P.O. Shankarpur, Ward No.1, Block and P.S. Shivaji Nagar, District-Samastipur.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Patna.

2. The District Magistrate-Cum-Collector, Samastipur.

3. The Sub-Divisional Officer, Rosera Sub-Division, District-Samastipur.

4. The Block Supply Officer, Shivaji Nagar Block, District Samastipur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushalesh Chaoudhary, Advocate Mr.Ashok Kumar Mishra, Advocate For the Respondent/s : Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

Date : 29-10-2021

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

the defects pointed out by the Stamp Reporter be removed

within one month hereof.

2. Heard learned counsel for the petitioner as well as

learned counsel for the respondents.

3. The present writ petition has been filed for "issuance

of writ in the nature of certiorari or any other appropriate

writ/writs for quashing the impugned order dated 02.05.2020 Patna High Court CWJC No.9695 of 2020 dt.29-10-2021

passed by Respondent Sub-Divisional Officer as contained in

Memo No. 335 (Annexure-1), whereby and whereunder the

License bearing No. 186 of 2016 issued under Public

Distribution System in respect of Shankarpur Panchayat, Shivaji

Nagar Block, has been cancelled depriving the petitioner

without sufficient opportunity to state his case against the

proposal of cancellation of his license in contravention of

principle of natural justice and contrary to the provision laid

down under Rule 27 (ii) of Bihar Targeted Public Distribution

System (Control) Order, 2016 (hereinafter referred to as

"Control Order, 2016"). However, the Respondent Sub-

Divisional Officer also passed the impugned order in

contravention of the procedure and the power bestowed upon

the District Level Selection Committee headed by the Chairman

i.e. the District Magistrate pursuant to the provision made under

Rule-5 of "the Control Order, 2016", which empowers the

Selection Committee consisting five persons/officials to select

candidate for granting P.D.S. License. In that view of the matter

and the said Rule enshrined in the Control Order, 2016, the

District Level Selection Committee alone could cancel the

license granted to the selected candidate by it, on certain charges

proved against him following the principle of Audi Alteram Patna High Court CWJC No.9695 of 2020 dt.29-10-2021

Partem".

4. Learned counsel for the petitioner assails the

impugned order of cancellation of his PDS licence on the

ground that the show cause notice did not indicate the proposed

action for cancellation of the licence which is a mandatory

requirement in terms of Clause 7(ii) of the Bihar Fair Price Shop

Order, 2007. Reliance is placed on a decision of this Court in

Prasauni Khirodhar Primary Agriculture Co-operative Society

Ltd. & Ors Vs. The State of Bihar and others, 2015(3) PLJR189.

5. Learned counsel for the respondents appears and has

been heard. He submits that remedy by way of appeal before the

District Magistrate is available to the petitioner against the

impugned order, which has not been availed of by the petitioner.

6. This Court is of the view that the bar of alternative

remedy would not disentitle the petitioner for relief in a case of

the present nature where the impugned order is founded upon a

show cause notice which is not sustainable in law. Clause 7(ii)

of the Bihar Fair Price Shop Order, 2007 clearly mandates that

no order of cancellation shall be made under this clause unless

the licensee has been given a reasonable opportunity for stating

his or her case against the proposed cancellation.

Patna High Court CWJC No.9695 of 2020 dt.29-10-2021

dated 02.05.2020 (Annexure-1) is hereby quashed and the

matter is remanded to the Sub-Divisional Officer, Rosera,

District -Samastipur (respondent no. 3) for passing orders afresh

after granting an opportunity of hearing to the petitioner in

accordance with law. Supplies to the petitioner shall be restored

without delay until fresh orders are passed by the Respondent

no. 3.

8. The writ petition stands allowed as above.

9. 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) V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          01.11.2021
Transmission Date       N.A.